The Obama Administration’s decision on Saturday to veto a looming import ban on some iPhones and iPads was a huge relief for Apple Inc., and a big setback for its arch IP rival, Samsung Electronics Co. It could also weaken the lure of the U.S. International Trade Commission as a venue for picking patent battles, especially in cases involving industrywide technical standards.
Samsung’s lawyers at Quinn Emanuel Urquhart & Sullivanpersuaded an ITC panel to rule in June that that certain older iPhones and iPads infringed a Samsung patent. The ITC was scheduled to issue an exclusion order banning importation of the products on Sunday, but U.S. Trade Representative Michael Forman announced Saturday that his agency was reversing the ruling. It was the first time in more than 25 years that the White House overruled an ITC import ban.
“This is a victory for Apple, but the decision goes beyond Apple and Samsung,” said Jay Jurata, a partner at Orrick, Herrington & Sutcliffe who specializes in antitrust and intellectual property law and who wasn’t involved in this case.
Wilmer Cutler Pickering Hale and Dorr‘s William Lee, who represents Apple in the ITC case, said he couldn’t comment on the decision. Samsung counsel Paul Brinkman and Charles Verhoeven of Quinn Emanuel weren’t immediately available.
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