Obama uses presidential clout to aid Apple in Samsung patent war

Get the most up to date Strategy on Mobile Phones: Mobile Phone Advisor

U. S. Head of state Barack Obama has stepped in to ensure some Apple gadgets won’t be banned from showing up on home dirt, following an International Trade Commission ruling in favor of Samsung.

The ITC had actually recommended a UNITED STATE import ban on the iPhone 3GS, iPhone 4 and the 3G-capable versions of the first-gen iPad and iPad 2 on the premises that they went against a Samsung patent.

However, Obama’s administration has actually banned (or “disapproved”) the choice, winning California-based Apple a reprieve in its long running legal fight with Samsung over mobile gadgets.

The presidential order is considerable due to the fact that it’s the first time the POTUS has intejected into a trade dispute considering that the 1987 Reagan administration. That occurrence also worried tech companies, in a case filed by Texas Instruments, including Sharp, NEC, Samsung and Toshiba.

Undue leverage

The veto assures that Apple will have the ability to continue offering the accused devices, while more recent, more pertinent devices are unaffected due to more recent chipsets that do not violate Samsung’s IP.

The decision, which was in fact made by the Obama administrations United States Trade Agent Michael who cited troubles that patent holders might acquire “undue leverage” by pursuing cases in this way.

In a letter to ITC he wrote: “The Policy Statement shares significant troubles, which I strongly share, about the possible harms that can result from owners of requirements ­essential patents (“SEPs”) who’ve made a voluntary commitment to offer to accredit SEPs on terms that are fair, sensible, and non­discriminatory (“FRAND”), getting undue take advantage of and taking part in “patent hold­up”, i.e., asserting the patent to exclude an implementer of the standard from a market to get a higher price for use of the patent than would’ve been possible before the standard was set, when alternative technologies might’ve been selected. “