Apple has asked the United States International Trade Commission (or ITC) to stay a ban on sales of older iPhone and iPads while a court considers an appeal. The company filed a motion on Monday arguing that the ban, which is the result of a Samsung patent infringement complaint, will ‘sweep away an entire segment of Apple’s products…’
“Less than four weeks before an import ban on popular Apple products will take effect, the iPhone maker is asking the International Trade Commission to stay the ban while a court considers an appeal.
In a motion filed Monday with the ITC, Apple said the ban, set for August 5th, will “sweep away an entire segment of Apple’s product offerings,” and also harm its phone carrier partners.”
For those who missed it, the ITC ruled last month that several Apple products, including the iPhone 4, the iPhone 3GS and 3G iPads, infringe on one of Samsung’s cellular patents. The commission issued a blanket sales ban on the devices, which would bar Apple from importing them into the country, and it’s currently trying to appeal the decision.
“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 Apple devices…
…The products subject to the Commission’s orders have been purchased by [REDACTED]. They remain very popular and are strong sellers for the GSM carriers. As noted above, the GSM carriers will be placed at a competitive disadvantage against their CDMA competitors because the Orders will prevent them from offering these popular, entry-level devices.”
In a statement last month, Apple said that the ban would not impact the availability of its products in the United States. But given the above comments from Monday’s filing, it appears they’re starting to get a bit more nervous. If Apple doesn’t win the stay, the White House Administration is essentially its final hope to avoid the sales ban.
It’ll be interesting to see how this plays out.