Samsung's odds to gain Obama's veto is slim - lawyers, analysts

By IVCPOST Staff Reporter

Aug 14, 2013 12:37 AM EDT

According to lawyers and analysts, Samsung Electronics Co. might not get a presidential reprieve from the currently imposed importation ban enjoyed by Apple earlier this month. Apple gained US President Barack Obama's veto of a court order that would limit imports of some smartphones and tablets into the US.

The lawyers and analysts said Samsung could not make the arguments on public policy grounds that Apple used to sway the Obama administration. They added that the separate ban ordered on the products of Samsung last August 9, 2013 would take effect after the conclusion of the presidential review period in October.

"You have to look at it in that context -- even the president has been speaking about it," Foster, Murphy, Altman & Nickel's patent lawyer in Washington who specializes in ITC cases, Jim Altman, said. To overturn the Samsung ban, "he'd have to go off on a whole different level of reasoning."

An increased share of the smartphone market is currently at stake with Apple and Samsung's patent war. According to the data compiled by Bloomberg, the smartphone market climbed by 34% to USD293.9 billion in 2012. Today, Samsung surged by 0.2% to KRW1,232,000 in Seoul. On the other hand, Apple increased by 1.3% to USD460.26 at 9:44am in New York.

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