Samsung and Apple Take ITC Beef to Obama’s Administration
Samsung (SSNLF.PK) is asking the U.S. Trade Representative’s office to uphold a U.S. International Trade Commission import ban on certain Apple (NASDAQ:AAPL) products. The office is part of the Executive Office of the President, which handles reviews of the ITC’s decisions.
Earlier this month, the ITC determined that Apple was violating a Samsung patent that covers a particular data transmission method used on some older models of iPhones and iPads. However, all ITC decisions are subject to a veto during a 60-day presidential review period.
Although this period typically expires without a veto, Apple is hoping to get the first veto on an ITC decision since Ronald Reagan’s presidency. The import ban, which covers certain iPad 2 and iPhone 4 models, is set to take effect in August unless it is overturned by an executive veto or an appeal through the courts.
Apple argues that the patent in dispute is a standard-essential patent, or SEP, that Samsung refuses to license to Apple under “fair, reasonable, and non-discriminatory” terms. According to filings with the ITC, Samsung was seeking a licensing fee of 2.4 percent on the average price of the affected iPhones and iPads.