The Obama administration has approved a ban on sales in the United States of some Samsung smartphones violate Apple's patents, supporting the second time the American group in this type of case.
The U.S. Trade Representative, Michael Froman, said in a statement it had "decided to make final" decision announced on August 9 by the U.S. International Trade Commission (USITC).
The latter seized by Apple in August 2011, found that Samsung had infringed two patents of the group at the apple, covering technologies related to touch screens and detection of accessories such as headphones.
She accordingly prohibits Samsung "continue to import, sell, and distribute articles that violate" these two patents in the United States, without specifically identifying the equipment concerned.
Samsung said Tuesday was "disappointed" by the decision of Washington, which "serve only to reduce competition and limit the choice of American consumers," according to a spokesman for the group in the United States.
Washington made a choice "disruptive and potentially dangerous"
Samsung did not give any indication of the relevant models. Department of Commerce, however, is said not to wait for a "minimal effect" because the products involved are old and Samsung has made changes since its devices so that they no longer infringe the two patents concerned to Apple.
Shared by the bank Jefferies, who believes in a note that this will affect mainly smartphones Galaxy S, S2 and Ace models that accounted for only 2 of the 52 million Samsung smartphones sold worldwide in the second quarter review.
"I do not think concerns (...) on the scope of the decision sufficient to disapprove," Froman said Tuesday to justify his choice. He says stay and the usual line of the American Administration to rarely using its veto on decisions of the USITC.
Washington, however, had been used on 3 August, for the first time since 1987, to cancel a ban on sales of Apple's iPhone smartphones and iPad tablets that Samsung violated patents.
The American Association of ICC technology sector was at the time considered "disruptive and potentially dangerous," the choice made by Washington. The South Korean Ministry of Commerce had also expressed concern.
Belligerents compete on all continents
However, experts note a difference in the nature of patents involved in the two cases: those infringed Apple patents were called "essential" deemed essential for widespread use of technical standards, unlike those violated by Samsung.
Holders groups essential patents are supposed to give licenses to competitors on terms "reasonable." Samsung, but Motorola (Google subsidiary) have been accused in Europe and the United States do not always do so, and thus misuse their position.
"The case highlights the importance of differentiating the basic patents and patents essential to certain standards when evaluating a ban in the United States," said Jefferies.
Almost all of the major technology groups accuse several continents patent violations. If the majority of battles are played in court, the USITC has received several times, some felt more easy to get a ban on competing products.
The Apple-Samsung battle, the results so far have been very different in different countries, is particularly followed because they are the two dominant players in the markets for smartphones and tablets, and also because through Samsung, Apple is indirectly attacking Google and its Android mobile operating system, used by a variety of manufacturers.
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