Apple and Samsung have been involved in a legal battle that has extended over many years. In the past, Apple was able to score a significant victory over its rival. But in another ruling, Apple stands the danger of having many of its products banned from the U.S. unless President Obama intervenes and grants pardon to the company.
The case in question involves the use of standard-essential patents. Apparently, Apple has made use of such standard-essential patents which are originally owned by Samsung. The devices which are related to these patents include iPhone 3GS, iPhone 4, iPad 2 and iPad 3G.
Apple claims that it has tried to negotiate a fair patent licensing fee with Samsung but that the Korean company is seeking damages which are through the roof. Samsung, on the other hand, holds the stance that its $18 per iPhone demand is only fair and that Apple must pay up.
International Trade Commission (ITC) has sided with Samsung on this one, clearly avoiding the whole debate of what constitutes a fair payment for standard-essential payments. As per the ruling of ITC, all the aforementioned Apple products will be banned from the U.S. on Monday.
However, there are two people who can overturn this impending ban. One of them is the United States Trade Representative, Michael Froman, whereas the other is President Obama. Analysts cite that Obama wouldn’t want to pick up a fued with the Koreans by stepping into the melee. The other possible course, which may save Apple without involving the government, would be if Apple’s request with the United States Court of Appeals get approved and stays the ban for now. We’ll bet our chips on this latter scenario.
Courtesy: Guardian Express