An Apple a Day Keeps a Samsung Veto at Bay?

The Apple-Samsung patent infringement war continues to rage on. Since 2011, 50-plus lawsuits have been filed in nearly one dozen countries, many of which remain pending. In August 2013, the U.S. International Trade Commission struck back against both parties, banning the import and sale of select Apple and Samsung smartphones and tablets in separate trials. That same month, the battle took an unexpected turn when the Obama administration stepped in and selectively exercised its veto power, overturning the Apple embargo while allowing the Samsung ban to stand. The administration officially declined to overturn the Samsung ban in October.

The administration based its decision on the fact that the Apple products at issue infringed on standards-essential patents, which should be licensed on fair, reasonable, and non-discriminatory terms. The Samsung products, by contrast, infringed on non-essential features. Some critics claim this is little more than pretext in the name of domestic protectionism, unfairly giving the America-based Apple Corporation preferential treatment over South Korea-headquartered Samsung. Presidential vetoes of ITC decisions of any kind are exceedingly rare, the last one having occurred in 1987.

Irrespective of the motivations behind the veto, the ban has little to no practical significance. Most of the devices at issue were released before 2011 and are already obsolete; newer devices by either company are entirely unaffected.

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