Samsung appeals against ITC ruling amid patent war with Apple

Samsung Electronics says it has been granted a hearing in a US appeals court, as it continues to seek punitive measures against Apple for alleged patent infringement despite the Obama administration’s veto of a ruling in favour of the South Korean company.

President Barack Obama on Saturday vetoed a June ruling by the US International Trade Commission ordering that a range of Apple devices considered to infringe a patent held by Samsung be banned from import into the US.

Samsung revealed on Monday that it had filed a court appeal on July 18 against the original ITC finding, because the ITC ruled that Apple had infringed only one patent, rather than finding in favour of Samsung on all four patents it had claimed were violated.

The appeal was filed at the US Court of Appeals for the Federal Circuit in Washington, a Samsung spokesman said, adding that an oral hearing was scheduled for the first quarter of next year.

Samsung’s appeal revives the possibility of US action against Apple devices including several older versions of the iPhone and iPad.

In a letter explaining the decision to veto the ITC’s import ban, Michael Froman, the US Trade Representative, said it was driven by concerns about “the effect on competitive conditions in the US economy and the effect on US consumers”.

South Korea’s trade ministry on Monday criticised the decision, expressing “concern over the possible negative impact that this kind of decision could have on Samsung Electronics’ patent rights”.

The ministry said it would closely monitor a separate ITC ruling, and the US government’s subsequent response, on Apple complaints of alleged patent infringement by Samsung. That decision is expected on Friday, having been postponed by the ITC last week.

“We expect the decision to be fair and reasonable,” the ministry said.

— Financial Times