Samsung bid to overturn US ban fails, some devices could be taken off shelves

Advertisement
By Reuters | Updated: 9 October 2013 16:31 IST
Some older Samsung Electronics Co smartphones and tablets could be taken off store shelves in the United States after the U.S. Trade Representative opted not to reverse a ban ordered because the devices infringe Apple Inc patents.

The decision is the latest step in a patent battle across several countries as Apple and Samsung vie for market share in the lucrative mobile industry. Samsung and Apple are the No. 1 and No. 2 smartphone makers globally, respectively.

Neither the U.S. International Trade Commission (ITC), which made the patent ruling, nor the U.S. Customs and Border Protection, which would enforce the ban, has spelled out which of Samsung's many devices will be affected.

The ITC said on August 9 that some smartphone and tablet models made by South Korea's Samsung infringed on Apple patents, and banned their importation or sale.

Advertisement

(Also see: ITC judge says Samsung infringes key part of Apple patent)

U.S. Trade Representative Michael Froman had 60 days to overturn the ban, as he did in a recent case where Apple was found to have infringed on a Samsung patent, but decided not to.

Advertisement

"After carefully weighing policy considerations, including the impact on consumers and competition, advice from agencies, and information from interested parties, I have decided to allow the commission's determination," Froman said in a statement.

A Samsung spokesperson said: "We are disappointed by the US Trade Representative's decision to allow the exclusion order issued by the US International Trade Commission. It will serve only to reduce competition and limit choice for the American consumer."

Advertisement

Apple filed a complaint in mid-2011, accusing Samsung of infringing its patents in making a wide range of smartphones and tablets.

The ITC ruled that the Samsung devices infringed on portions of two Apple patents on digital mobile devices, related to the detection of headphone jacks and the operation of touchscreens.

Advertisement

Samsung has said its newer models incorporate features that work around disputed technology, and that those changes have been approved by the ITC.

When the ITC issues exclusion orders, they generally do not have model numbers of devices but are broadly written, said Jamie Underwood, an ITC patent expert with the law firm Alston & Bird, LLP.

Both companies have likely been lobbying aggressively, with Apple pushing for a larger number of Samsung models to be banned and Samsung arguing for fewer, she said.

"It is common to have differences over what is covered by an exclusion order," she said.

Implementation of the ban could also be hampered by the federal government shutdown, now in its eighth day, although most customs and border protection personnel remain on the job.

In August, the USTR overturned a proposed ban on some older-model Apple iPhones and iPads which had been found to infringe Samsung patents. Patents involved were standard essential patents, while the patents covered by Tuesday's decision were not.

(Also see: Obama administration overturns US import ban on some iPhones, iPads)

Standard essential patents are central to the products at issue and are supposed to be licensed broadly and inexpensively. U.S. antitrust authorities have argued that infringing on them should trigger requirements for license payments but not import or sales bans.

Calls to Customs seeking comment were not immediately returned. Apple declined comment for this story.

© Thomson Reuters 2013

 

Get your daily dose of tech news, reviews, and insights, in under 80 characters on Gadgets 360 Turbo. Connect with fellow tech lovers on our Forum. Follow us on X, Facebook, WhatsApp, Threads and Google News for instant updates. Catch all the action on our YouTube channel.

Advertisement

Related Stories

Popular Mobile Brands
  1. Samsung Galaxy S26+ Reportedly Listed for Sale Online Ahead of Launch
  2. Apple to Reportedly Launch Low-Cost MacBook in 'Playful Colors' in March
  3. AI Impact Summit: From Registration to Schedule, All You Need to Know
  4. Samsung's 'Wide' Galaxy Z Fold Design Spotted in Leaked One UI 9 Animations
  5. Oppo K14x 5G With 6,500mAh Battery Goes on Sale in India: See Price, Offers
  6. Tecno Spark 50 4G Launch Timeline, Design, Colourways, Key Features Leaked
  7. Here's When Samsung's Privacy Display Feature Might Arrive on a MacBook
  8. Realme P4 Lite India Launch Date, Design, Colourways, Key Features Revealed
  1. Anthropic Inaugurates First Indian Office in Bengaluru, Starts Hiring Local Talent
  2. Apple Tipped to Adopt Samsung's Privacy Display Technology for MacBook Models by 2029
  3. Oppo Find X10 Series Tipped to Launch in H2 2026 With Built-In Magnets for Wireless Charging
  4. AMD and TCS to Co-Develop Helios AI Data Centre Architecture, Deliver 200MW Data Centre Blueprint
  5. Tecno Spark 50 4G Tipped to Launch Globally Soon; Design, Colourways, Key Features Leaked
  6. Lava Bold N2 India Launch Date Revealed; Will Be Exclusively Available via Amazon
  7. Government Green Lights Rs. 10,000 Crore Fund of Funds 2.0 Under the Startup India Mission
  8. Samsung’s 'Wide' Galaxy Z Fold Design Revealed via Leaked One UI 9 Animations
  9. Realme P4 Lite India Launch Date Announced; Design, Colour Options, Key Features Revealed
  10. Kingdom Come: Deliverance's Free Next-Gen Update on PS5, Xbox Series S/X Is Now Out
Gadgets 360 is available in
Download Our Apps
Available in Hindi
© Copyright Red Pixels Ventures Limited 2026. All rights reserved.