0370 270 6000

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

Wide interpretation of “detriment” caused victimisation claim to succeed

The Employment Appeal Tribunal (EAT) decision in the case of Warburton v The Chief Constable.

View blog

Restrictive Covenants – are changes coming?

Restrictive covenants are widely recognised as a complex area of employment law that is of key importance to many organisations. However more recently, they have become a hot topic with the Government launching their consultation.

View blog

Are whistleblowers entitled to keep their employer’s confidential documents?

In Nissan v Passi, the High Court recently considered the issue of an employee retaining confidential documents belonging to his former employer in the context of the employer’s application for an injunction seeking the return of such documents from the employee.

View blog

Dealing with Covid Rent Arrears – an overview but no specifics

Following on from our recent article on the release of the updated Code of Practice for dealing with commercial rent arrears that have accrued throughout the pandemic, we continue to highlight what the overall principles seek to ensure - fairness and proportionality for both landlords and tenants across each step of the arbitration process.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up