Obama overturns ITC ban on the sale of various iPads and iPhones

In a letter to the International Trade Commission chairman, the Honorable Irving A Williamson, the Obama administration vetoes an earlier ITC ruling that was due to block the sale of a number of Apple products. The original ruling came in June and was to prevent the sale of various products including certain models of the iPhone 4 and the iPad 2.

The letter from Ambassador Michael Froman explains that having reviewed the information surrounding the patent dispute between Apple and Samsung, he had decided to "disapprove the USITC's determination to issue an exclusion order and cease and desist order". Under section 337 of the Tariff Act of 1930 the President is obliged to evaluate decisions made by the Commission during a 60-day review period, and in this instance the authority was passed to the USTR.

The reason for Ambassador Froman's overturning of the ban? It is based on his "review of the various policy considerations discussed [in the letter] as they relate to the effect on competitive conditions in the U.S. economy and the effect on U.S. consumers".

The letter concludes by saying that the vetoing of the ban does not mean that Samsung, as patent holder, was not "entitled to a remedy" but that the company was free to "continue to pursue its rights through the courts".

You can read the letter in full -- and revel in all its delightful legalese -- at the USTR website.

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