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Samsung Fails to Win Presidential Veto of Potential U.S. Import Ban in Apple Patent Case
“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 import ban to proceed, Obama’s designee, U.S. Trade Representative Michael Froman, said in a statement today.The Office of the United States Trade Representative last month vetoed a similar ban that had been issued against Apple over Samsung patents. That order was the first such veto since 1987 and came amid increasing calls for less reliance on the threat of barring product imports as part of patent litigation strategies. In particular, Samsung's wielding of "standards essential" patents covering basic functions of the device necessary for its operation was seen as overly aggressive when such patents are required to be licensed under reasonable terms.
Samsung had argued that its ban should be overturned on grounds similar to those cited in the Apple ban veto, but Froman disagreed, noting that Samsung had already released several devices with approved workarounds for the features that had been ruled to be infringing upon Apple's patents.
Samsung may still seek a delay in the import ban, but that will require a full review of the case on legal ground by a U.S. appeals court.