ITC Bans Imports of 3G Apple iPhones and iPads
The International Trade Commission banned imports of some older models of Apple iPhones and iPads, issuing limited exclusion and cease and desist orders on the products based on findings that they infringe Samsung patents. The decision reverses an earlier finding of no infringement by an ITC administrative law judge, and ends the Section 337 investigation. The orders now begin a 60-day presidential review period, during which President Obama may veto the import bans for policy reasons. The banned products may still enter during the review. The ITC set bond for presidential review period entries at zero percent.
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Products subject to the ITC limited exclusion orders include AT&T models of the iPhone 4, iPhone 3GS, iPhone 3, iPad 3G, and iPad2 3G. The administrative law judge in September had ruled none of the devices infringed Samsung patents. The commission undertook a review of the ALJ’s decision, and reversed the ALJ’s finding for one of the patents. Commissioner Dean Pinkert dissented on public interest grounds.
"We believe the ITC’s Final Determination has confirmed Apple’s history of free-riding on Samsung’s technological innovations," said a Samsung representative. "Our decades of research and development in mobile technologies will continue, and we will continue to offer innovative products to consumers." Apple did not immediately return a request for comment.