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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.

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