Barack Obama's trade representative has vetoed an import ban on some Apple iPads and older iPhones, in a setback to rival South Korean electronics company Samsung.
US Trade Representative Michael Froman overruled a June decision by the US International Trade Commission, which had banned imports of the iPhone 4 and some variations of the iPad 2.
The commission ruled that the Chinese-made Apple devices violated a patent held by Samsung and could not be imported. But the ban never went into effect, because the Obama administration had 60 days to decide if it would uphold the commission.
President Obama is against import bans on the basis of the type of patent at issue in the Samsung case. The White House has recommended that Congress limit the ITC's ability to impose import bans in these cases.
Samsung and Apple are in a global legal battle over smartphones. Apple argues Samsung's Android phones copy vital iPhone features and Samsung is fighting back with its own complaints.
Apple spokeswoman Kristin Huguet said the company applauded the administration "for standing up for innovation". A message seeking comment from Samsung was not returned.
In a letter to the commission Mr Froman said he had concerns about patent holders having too much leverage over competitors that use their technology under licences.
Companies license patented technology to competitors so the devices can communicate as part of an industry standard for mobile phones. Under the "standards-essential patent" legal theory prevailing in US courts, holders of such patents are obligated to license them to all-comers on "fair, reasonable and non-discriminatory" terms.
US courts have ruled that such patents cannot be the basis for import bans. The International Trade Commission follows a different standard than the courts, but the Obama administration wants it to follow the same principles.
Mr Froman wrote that he shared the Obama administration's concerns that the holders of standards-essential patents could get "undue leverage" over their competitors.
Last year, a federal court ruled that Samsung owed Apple one billion dollars in damages for infringing on non-essential Apple patents. But the judge refused to impose an import ban on Samsung phones and later struck 450 million dollars from the verdict, saying the jurors miscalculated. The case is set for a rematch in the appeal court.
Samsung is the world's largest maker of smartphones. Analysts estimate it outsold Apple nearly two to one in the first three months of the year. However, Apple's smartphone business is more profitable.
The iPhone 4 was launched in 2010 and is the oldest iPhone still sold by Apple. The ITC ruling applied only to the AT&T version of the phone. Apple is likely to retire the model.
Apple launched the iPad 2 in 2011. The ruling applies only to the version equipped with a mobile modem for AT&T's network.
The ruling also applies to older iPhones, though these are no longer sold by Apple.
AP
april fools day pranks ohio state vs kansas daniel von bargen 8 bit google maps kids choice awards 2012 micah true blood diamond
These days it seems as if a startup so much as glances in Marissa Mayer's direction, it can expect a bid within 24 hours. There's been a lot of buzz about Yahoo's new role as an acquisition hound of late, and Mayer's attempts to turn the beleaguered giant into a mobile-first company and energize its ranks with young, acqui-hired talent.
At TechCrunch Disrupt NYC back in April, former Facebook exec-turned-venture capitalist, Chamath Palihapitiya delivered a deflating critique of the tech industry — in particular, the quality of its startups. Had he been issuing a report card, the Tech World would have gotten an “F,” with an extra side of “shame.” His frustration seemed to emanate principally from the fact that “Big Ideas” are few and far between in the industry today. Rather than aiming high, he intoned, entrepreneurs seem content to reach for low-hanging fruit despite the diminishing returns inherent to that approach. While Big Ideas may not be at all-time high, today’s news brings some assurance that they are still alive and well in the tech industry — and that there’s even capital to support them, for-profit or not. Watsi, a Y Combinator-backed healthcare crowdfunding platform, is tackling one of the biggest: That more than one billion people can’t afford (or don’t have access to) adequate medical services. Even Chamath would likely agree with that. Today, the non-profit crowdfunding platform announced that it has raised $1.2 million in what is its first round of financing, or “philanthropic seed round,” as the startup is calling it. Granted, if Watsi is setting its sites high, than $1.1 million will only be a drop in the bucket compared to the capital and resources it will need if it truly hopes to make a difference at scale. A good start, to be sure, especially when considering the impressive roster of names contributing to its first financing, which includes institutional investors, like China’s largest Internet services portal, Tencent, Y Combinator partners — including personal investments from founder Paul Graham and YC Partner Geoff Ralston — along with the “godfather of angel investing” and owner of the most pristine coiffure in the Valley, Ron Conway, Sun Microsystems and Khosla Ventures co-founder, Vinod Khosla, venture philanthropy fund (and Kiva investor), The Draper Richards Kaplan Foundation and Flixter founder and Rotten Tomatoes CEO, Joe Greenstein — to name a few. While the list is impressive, it’s not a group of investors one would typically find contributing to a non-profit fundraiser. Watsi founder Chase Adam explains that the reason the company opted for this approach is that the traditional mechanisms for non-profit fundraising sometimes act as a counterproductive force by undermining the social movements they’re trying to support. Instead of devoting themselves to their “Big Idea,” socially-minded entrepreneurs
At the Marvel Studios panel at 2013 San Diego Comic-Con, Marvel Studios surprised fans with an appearance by the director and cast of Guardians Of The Galaxy.