apple_samsung_logosSamsung has failed to win a presidential veto overturning a looming import ban on several of its older mobile devices, reports Bloomberg. The ban is based on a verdict in a U.S. International Trade Commission case in which the company was ruled to have infringed upon patents held by Apple.

“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.

Copy THAT bitches!
Not surprising. Isn’t the govt too busy ignoring its job to do its job?

“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.”

So if Samsung didn’t actually work around those infringing patents, they would have gotten a presidential veto as well?

I think the fact that they were able to work around it shows that they weren’t essential patents. The iPhone 4 and iPad 2 relied on a standards-essential patent that is impossible to work around while maintaining compliance with the standard.

Ugh.

I know this is necessary to realize that this patent litigation is still going on, but man does it frustrate me.

The president has other things on his mind at the moment….

So what’s actually banned? Are we talking about the Galaxy S2 or something that you can still actually buy? Does this make much difference to the consumer?

I think it was Galaxy S, Galaxy Tab 10.1… things that Samsung may not even be producing anymore. But this ban could set ground for other items.

Edit: From Bloomberg`s report link…
The import ban is on a limited number of products. The ITC said newer models by Suwon, South Korea-based Samsung had worked around two Apple patents, which covered a multitouch feature and one for a sensor for headphone jacks.

So was this more than a pissing contest between Apple and Samsung?

“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.”

So if Samsung didn’t actually work around those infringing patents, they would have gotten a presidential veto as well?

That about sums it up right there