0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Forgotten your password?

Will the US trade representative veto a second time?

19 August 2013

In June this year, the United States International Trade Commission (ITC) ruled that certain Apple products such as the iPad 2 and iPhone 4, infringe Samsung patents relating to the transmission of data and so banned the importation and sale of these products.

However, the United States Trade Representative (USTR) then stepped in and vetoed the ban on policy grounds, citing the effect that the ban would otherwise have on the US economy and customers; the first veto of its kind since 1987.

The ITC has now issued a similar ban, but this time on Samsung products deemed to be infringing certain Apple patents. There are now 60 days for the USTR to decide whether or not to veto this ITC ban. Having already protected US-based Apple, there is pressure for the ITC to be fair in its treatment of Samsung as a foreign entity, so watch carefully to see what the ITC reaction is.

Related opinions

Insolvency applicants: getting the basics right

A number of interesting developments have emerged from what was quite a run-of-the-mill insolvency application brought by a litigation funder assignee.

View blog

Moratoriums

The new Part A1 moratorium was introduced partly in response to the Covid-19 pandemic and its impact on businesses. The moratorium is not intended to be used to simply delay the inevitable insolvency of a company, but rather to allow breathing space for that company to restructure and/or achieve an effective rescue.

View blog

Covid-19 insolvency measures extension

From 26 March 2021 the Corporate Insolvency and Governance Act 2020 (Coronavirus) (Extension of the Relevant Period) Regulations 2021 will come into force with the effect of extending several of the temporary measures brought in by the Corporate Insolvency and Governance Act 2020 (CIGA).

View blog

Covid, claims and the courts

The Ministry of Justice has recently released its civil justice statistics for the period October to December 2020. These statistics show an overall significant downward trend in claim activity compared to pre-Covid times.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up