By Alexandra Burlacu | Aug 11, 2013 10:12 AM EDT
Some older Samsung devices will be banned for infringing on Apple patents, the International Trade Commission (ITC) recently ruled.
The ITC ruled in favor of Apple and decided that Samsung did infringe on Apple patents. Consequently, a ban on importing a few of the older Samsung devices will go into effect.
Samsung may still have a way out, however, as there is the customary 60-day time frame during which President Obama can veto such a decision. The President recently vetoed a similar import ban Samsung requested on Apple products, but there is a big difference between the two instances.
President Obama vetoed the import ban on Apple devices because the products in question were found to be in violation of standards-essential patents. In ITC's new ruling, the patents in question cover scrolling behavior on smart devices and headphone jacks, and are considered non-essential. In other words, this means that President Obama is unlikely to veto this recent decision.
The devices found to violate Apple's two patents include the Samsung Galaxy S 4G, Fascinate, Captivate, Galaxy Tab and Galaxy Tab 10.1, as well as other smartphones and tablets launched in 2010 and 2011.
"We are disappointed that the ITC has issued an exclusion order based on two of Apple's patents," said Samsung in a statement issued to the media. "However, Apple has been stopped from trying to use its overboard design patents to achieve a monopoly on rectangles and rounded corners. The proper focus for the smartphone industry is not a global war in the courts, but fair competition in the marketplace. Samsung will continue to launch many innovative products and we have already taken measures to ensure that all of our products will continue to be available in the United States."
"With today's decision, the ITC has joined courts around the world in Japan, Korea, Germany, Netherlands and California by standing up for innovation and rejecting Samsung's blatant copying of Apple products," responded Apple. "Protecting real innovation is what the patent system should be about."
If Samsung doesn't come up with a proper work-around to convince officials that it's not "blatantly copying" Apple devices, other Samsung products may face a similar import ban as well. Currently the new ban affects only older Samsung devices, but once the precedent is set Apple could decide to push forward and gun for new devices.
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