The International Trade Commission (ITC) a few weeks ago issued an order banning the import of older generation iPhones and iPads to the extent they infringe upon Samsung owned patents.
With the ban scheduled to go into effect on August 5th, Gigaom today is reporting that Apple filed a motion with the ITC asking for a stay on the impending ban until an appeals court weighs in on the ruling.
Apple writes that the ban will "sweep away an entire segment of Apple's product offerings" and that they will suffer irreparable harm if a stay is not granted.
If the Orders go into effect, Apple will lose not only sales of its iPhone 4 (GSM) and iPad 2 3G (GSM) products but also the opportunity to gain new smartphone and tablet customers who otherwise would have purchased these entry-level devices. Should the Commission's decision be reversed or modified on appeal, Apple will have no recourse to redress this harm.
Apple further points out that if a stay is granted and the appeal process ultimately proves fruitless, Samsung will have recourse to the extent they can seek compensation for any potential loss of FRAND royalties.
The iPhone 4, Apple writes, was the fourth-best selling smartphone in the US in 2012.
In a separate appeal filed with the United States Trade Representative about two weeks ago, Apple argued that upholding the ban would make the ITC an "outlier internationally and domestically."
Apple's most recent motion can be read below.
- Key specs
- Form factor Tablet
- Operating system iOS (8)
- Screen size 9.7 inches
- Storage type Internal storage (16 GB, Flash)
- Maximum battery life Up to 10 hours
- Dimensions 9.4 x 6.6 x 0.24 in
- Weight 0.96 lb
- Announced 2014-10-16
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Apple iPhone 4