Today was supposed to be the day that Apple would have to stop selling older versions of the iPhone and iPad in the United States. But President Barack Obama stepped in over the weekend to veto an import ban that would have affected the iPhone 4, iPhone 3GS, iPad 3G and iPad 2 3G.
The International Trade Commission found that Apple had infringed on a Samsung patent related to 3G wireless technology that enables mobile devices to use the network for two types of communication at the same time (i.e. voice and text.) This is the first time in 25 years that the White House has vetoed an import ban set by the ITC.
Patent experts say the decision is a blow to Samsung, not so much because of the products that are involved, but more because it means Samsung may have a hard time pressing other cases against Apple going forward. Less clear is what the decision will mean for Apple. This Friday, the ITC is set to decide whether to ban the import of some Samsung phones and tablets based on a complaint brought by Apple.
Last summer Apple won a $1 billion patent infringement lawsuit against Samsung, though that fine was later reduced to $600 million. A less publicized, but perhaps more important, court case last summer was decided by respected Judge Richard Posner, who called into question the value of patents in the smartphone industry, casting a shadow over future patent litigation. In the wake of that decision, some company lawyers turned their attention to the ITC, but now it looks as if that road may also contain some obstacles for companies seeking patent protection.
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