ITC Import Ban on Old Model Samsung Phones and Tablets Goes Into Effect
An import ban on certain older-model Samsung mobile devices went into effect Oct. 8, after U.S. Trade Representative Michael Froman declined to veto a limited exclusion order issued by the International Trade Commission, according to press reports. The Samsung phones and tablets had been the subject of a Section 337 case brought by Apple, which won a reprieve from a similar import ban in August (see 13080515).
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The ITC issued the limited exclusion order in August, after finding Samsung violated two Apple patents on touchscreens and headphone jacks, according to a report from Agence France-Presse (AFP) (here). The ban affected older Samsung devices like the Captivate and Fascinate smartphones and early Galaxy Tab tablets, said PCMag.com (here).
A statement from USTR Froman said Samsung has found a way to get around the patent infringement, noting that the limited exclusion order says devices that incorporate the ITC-approved workaround aren’t covered by the ban, PCMag.com said. That means the import ban’s scope won't be too broad, as Samsung had argued, PCMag.com said. “If questions should arise about the scope of the exclusion order, I would urge close coordination between CBP and the USITC in addressing such enforcement issues,” said Froman.