Apple has made its case for an appeal of the International Trade Commission's (ITC) ban of the iPhone 3GS, iPhone 4, iPad 2.
As Latinos Post reported, the ITC ruled for a ban on the imports of the three before-mentioned Apple devices that run with carrier AT&T earlier this month. The ITC believed Samsung "has proven" that Apple infringed on Samsung's patent 348.
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At the time of the ITC ruling, Apple spokesperson Kristin Huguet said, "We are disappointed that the commission has overturned an earlier ruling and we plan to appeal. Today's decision has no impact on the availability of Apple products in the United States."
President Barack Obama can overrule the ITC decision, however, he has relegated the decision to the United States Trade Representative (USTR).
Apple has submitted the case as to why the ITC ruling should be overruled in a 73 page declaration.
"[This] decision makes the ITC an outlier internationally and domestically", stated Apple in the filing to the USTR.
"The ITC has taken action that threatens an international political, regulatory, and judicial consensus aimed at critical economic issues cutting across the world-wide economy. And, it has done so for a party, Samsung, that seeks nothing more than hold-up leverage to make exorbitant licensing demands," stated Apple in their conclusion submitted by Apple's Senior Vice President and General Counsel Bruce Sewell.
The ITC case is a separate matter from their San Jose patent infringement trial. In latest developments, Apple lost its bid to add the Samsung Galaxy S4 to the lawsuit. The second patent infringement trial, set for spring 2014, currently includes the iPhone 5, Samsung Galaxy S3, and Galaxy Note 2, to name a few.
As Latinos Post has been monitoring, Judge Koh reduced the $1.05 billion verdict of the first trial by 40 percent, or approximately $450.5 million. Apple was awarded the sum by a jury last August.
Apple Submission to USTR Re. ITC Exclusion Order, Courtesy of Florian Mueller
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