July 10, 2013
Apple Requests A Stay On ITC Ban of iPhone 4S and iPad 2
Michael Harper for redOrbit.com - Your Universe Online
Apple has asked the US International Trade Commission (ITC) for a stay on a ban of their products which is set to begin in just three weeks. In a letter to the commission, Apple explained that an August 5 ban would "sweep away an entire segment of Apple's product offerings." They later mentioned their once a year schedule in releasing new products could keep entry level customers away from older Apple products.
The ITC ruled in favor of this ban on June 4, 2013 and, pending a veto from President Obama, it would keep iPhone 4S and 3G-enabled iPad 2 out of the US. Apple immediately announced that they planned to appeal the decision.
In a big win for Samsung in their continuing fight with the Cupertino company, the Galaxy maker convinced the ITC to place a ban on older iPads and iPhones. The iPhone 4S and iPad 2 with 3G use a standards-essential data transmission technology which Samsung claimed was in violation of their patents. Last year the ITC ruled in Apple's favor, saying the devices did not violate any Samsung patents, including the patent which covers the way numbers and URLs are detected as well as how the screen moves when it is touched. Last month's decision was a marked reversal of the ITC's initial ruling.
Now Apple is asking for a stay of the ban, saying the products included are too important to the customers and their bottom line.
"If the Orders go into effect, Apple will lose not only sales of its iPhone 4 (GSM) and iPad 2 3G (GSM) products but also the opportunity to gain new smartphone and tablet customers who otherwise would have purchased these entry- level Apple devices," writes Apple in their letter to the ITC, according to GigaOm.
Later they stated that the iPhone 4 and iPad 2 3G aren't just important to their bottom line but also to the carriers who have already placed orders for these devices. The iPhone 4, which Apple claims was the fourth most popular smartphone last year, remains a strong seller as a cheap or even free smartphone for certain service contracts. Apple normally lops off the third-oldest generation phone when they introduce new smartphones, so it's likely that they may stop selling the iPhone 4 altogether when they release their newest phone sometime this fall.
In their letter to the ITC, Apple says going forward with the August ban would place a specific GSM carrier (the name has been redacted) at a disadvantage against their CDMA counterparts as only the GSM models of these devices are affected.
Later Apple stated that the Federal Circuit Court of Appeals is likely to rule in their favor and reverse the ban. The 60 days that the ITC put before the August ban was particularly short, leaving Apple with little room to maneuver. First, the ban would almost certainly go through as the iPhone maker was not left with enough time to develop a workaround to keep their products flowing into the United States. Second, the 60-day squeeze made it difficult to get an appeal ready for the court.
Apple also claims that should the appeals court not find the Samsung patent invalid in appeals court, Samsung could still collect their damages in another court case taking place in Delaware.