ITC's Apple sales ban nixed via Obama veto

Samsung fumes.

Obama vetoes ITC Apple ban for Samsung

Apple (NASDAQ:AAPL) products won't be banned in the U.S., thanks to a veto from The Whitehouse. The President's administration says the International Trade Commission's ban plan isn't right. Some say Samsung negotiated in bad faith, but others that Apple simply wouldn't negotiate, leaving Samsung no choice.

In IT Blogwatch, bloggers unpick the story.

Your humble blogwatcher curated these bloggy bits for your entertainment.

James Niccolai tells the 5¢ truth: [You're fired -Ed.]

The Obama administration has vetoed a decision by the U.S. [ITC] to ban the import of certain Apple products [saying it's] against the U.S. public interest. ... The ruling will be a setback for Samsung, which is engaged in a broad, worldwide legal battle with Apple.

...

Samsung said..."The ITC's decision correctly recognized that Samsung has been negotiating in good faith and that Apple remains unwilling to take a license." ... The administration noted Saturday that it can overturn ITC rulings when it considers they conflict with U.S. policy and the public interest.  MORE

Ian Sherr, Brent Kendall and Don Clark check their history books:

[It's] the first such veto in more than 25 years. ...the world's biggest technology companies...have been using patents to try to hobble rivals in a mobile-device market expected to top $400 billion this year. ... Apple and Samsung Electronics Co., in particular, have been engaged since April 2011 in patent fights throughout the world.

...

Such orders, and the role of the ITC, have split the technology industry. ... The veto could discourage companies from [using] the ITC, a strategy that had gained favor because the agency tends to issue orders...faster and more easily than federal courts.

...

A Samsung spokesman said the company...had behaved correctly in patent-licensing negotiations with Apple. ... An Apple spokeswoman said the company applauded the Obama administration [and] "Samsung was wrong to abuse the patent system in this way." ... The Innovation Alliance, an industry group that includes patent holders Qualcomm and InterDigital Inc., said it...represented "perhaps the worst of all possible outcomes—a decision that overturns decades of settled understanding without clear guidance."  MORE

Carly Page didn't see it coming:

The surprise decision is a blow to Samsung. ... Samsung might have some more bad news in a few days, as the ITC is set to decide whether to ban some of the firm's devices following an Apple patent complaint.  MORE

But Philip Elmer-Dewitt says the ITC "blew it":

...everything you need to know...is contained in the opinion filed by Dean Pinkert, one of the ITC's six commissioners. [He] laid out in careful detail why his fellow commissioners were wrong.

...

Reading between the lines, it sounds like Samsung had refused to license its standard-essential patents (SEPs) unless Apple offered...the company's crown jewels in return.  MORE

Meanwhile, etwashoo isn't impressed:

Completely unacceptable that Apple refuses to 1) negotiate in good faith and 2) pay intellectual property owners FRAND licenses and forces them to go to court. What...is Samsung supposed to do?

...

Apple is forcing FRAND owners to go to extremes to get paid. ...even the FTC says they have a right for an injunction. The President is going against his own people’s guidelines – disgusting.  MORE

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