Samsung is facing a US import ban on smartphones after a trade agency sided with Apple yesterday in an ongoing patent dispute.
The International Trade Commission ruled that Samsung violated two Apple patents, and ordered an import ban within 60 days, unless President Obama reverses the decision.
It was unclear exactly which Samsung smartphones would be affected because the company could introduce "workarounds" — changes to its gadgets so they don't violate the patents.
"Samsung says it has workarounds in place to avoid infringement going forward, but the big question here is whether those workarounds come with degradations that end users would notice, such as a loss of functionality, performance, ease of use," said Florian Mueller, a patent attorney who is closely following the Apple-Samsung dispute.
Samsung's patent setback was its second in as many weeks. The company appeared to have won its own import ban on Apple devices earlier this summer, but last week President Obama sided with Apple and lifted that ban.
The ban would have affected imports of older iPhones, which another International Trade Commission ruling said infringed on Samsung patents.
Only the president has authority to overturn such bans. While he used that power in favor of US company Apple, experts don't see him doing the same for Korea's Samsung.
"Anytime you have an elected official as opposed to a judge making the decision, there are political considerations," said Brian Love, a Santa Clara Law professor.
Apple and Samsung also faced off in a Washington federal appeals court yesterday. Apple asked the court to consider a permanent sales ban on a number of Samsung devices. There was no immediate ruling, but the case stems from a ruling last year when a judge ordered Samsung to pay Apple $1 billion over patent infringements.
Separately, a Manhattan federal judge denied Apple's request to suspend a ruling that it engaged in anti-competitive ebook negotiations, which is forcing it to rework deals with major publishers.
gsloane@nypost.com
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