Ed Black, President & CEO of the Computer & Communications Industry Association:
The Administration’s unprecedented decision to veto an ITC “Section 337” import ban against Apple for infringing Samsung’s intellectual property is a disruptive and potentially dangerous development that calls into question the fairness of our trading regime and could undermine the way US companies are treated globally.
Adjudication by USTR fiat, however, is unacceptable and invites other countries to do the same. While Ambassador Froman’s letter cites policy issues, it offers little helpful analysis or guidance. And it ignores the ITC’s determination that Apple failed to prove either that Samsung’s patent was a standard-essential patent or that Samsung breached its obligation to a standards-setting organization.
This is the core of the problem with Obama’s veto. Not only did he completely and utterly contradict the findings of an expert panel of judges who investigated all the materials in great detail, he also sent out a very strong message: if you’re a foreign company doing business in the US, you will be treated as a second class citizen. Combined with the endless stream of negative press concerning surveillance and which hunts for whistleblowers, the US just got a whole lot less enticing for technology companies.