Patent consultant and analyst Florian Mueller said the ITC ruling was a surprise, as the basis of Samsung's complaint is a so-called "standards-essential patent," describing a technology that's part of an industry standard for cellphone communications. Under the legal theory prevailing in federal 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 ITC follows a different standard than the courts, but the Obama administration wants it to adhere to the same principles.
"Samsung is using a strategy which has been rejected by courts and regulators around the world," Apple said. "They've admitted that it's against the interests of consumers in Europe and elsewhere, yet here in the United States Samsung continues to try to block the sale of Apple products by using patents they agreed to license to anyone for a reasonable fee."
Mueller, who was not involved with either party in the case, said Samsung reserved the right to allege infringement by Apple products designed for networks other than AT&T's. The iPhone 4 exists in versions for Sprint and Verizon; the iPad 2 exists in a Verizon version.
Samsung Electronics is the world's largest maker of smartphones. Analysts estimate it outsold Apple nearly 2 to 1 in the first three months of the year. However, Apple's smartphone business is more profitable.
The ITC follows a different standard than the courts, but the Obama administration wants it to adhere to the same principles.
"Samsung is using a strategy which has been rejected by courts and regulators around the world," Apple said. "They've admitted that it's against the interests of consumers in Europe and elsewhere, yet here in the United States Samsung continues to try to block the sale of Apple products by using patents they agreed to license to anyone for a reasonable fee."
Mueller, who was not involved with either party in the case, said Samsung reserved the right to allege infringement by Apple products designed for networks other than AT&T's. The iPhone 4 exists in versions for Sprint and Verizon; the iPad 2 exists in a Verizon version.
Samsung Electronics is the world's largest maker of smartphones. Analysts estimate it outsold Apple nearly 2 to 1 in the first three months of the year. However, Apple's smartphone business is more profitable.
