Apple asks ITC for stay on sales ban affecting older iPhones, iPads

Apple asks ITC for stay on sales ban affecting older iPhones, iPads

Summary: The iPhone and iPad maker says it will suffer "irreparable harm" if its request for a stay on a ban of older tablet and smartphone sales is not granted.

TOPICS: Security, Microsoft
(Image: CNET)

Apple has asked the U.S. International Trade Commission to hold off on a sales ban that will see older iPhone and iPad models pulled from store shelves until a court evaluates the company's bid for appeal.

The motion, filed on Monday and first spotted by GigaOm, argued Apple will suffer "irreparable harm" if the sales ban goes into effect on August 5. The company also said it would "sweep away an entire segment of Apple's product offerings," and harm its cellular and carrier partners.

The request for a stay comes just over a month after the ITC issued a limited import ban on some Apple products after ruling the company infringed on a Samsung-owned patent, U.S. Patent No. 7,706,348.

The ITC notice [PDF] detailed the U.S. import ban as affecting AT&T versions of iPhone 4, iPhone 3GS, iPad 3G, iPad 2 3G devices. The ban would prevent Apple from importing these products into the U.S. as they are manufactured in China.

Apple argued that should the ban go ahead: "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 ban will only affect GSM carriers, such as AT&T, which was named in the suit. However, as T-Mobile US is now an official reseller of iPhones and iPads, it will also be hit. Sprint and Verizon will not be affected as they use CDMA technologies.

Apple noted that its GSM carrier partners will be placed "at a competitive disadvantage against their CDMA competitors" because the sales ban will prevent AT&T and T-Mobile from selling the devices.

The iPhone 4 was the fourth most popular smartphone in 2012, according to the company, meaning an entire slice of its market would be wiped out. 

The final ruling can however be overturned by the Federal Circuit Court or the White House.

Topics: Security, Microsoft

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  • Hey Apple!

    Maybe you should've thought about "irreparable harm" before you went "thermonuclear" on Android, you whiny POS!?
    • Bingo

      Sleep in the bed you made, Apple.
      • Pay Up

        I call B.S. If Apple was that concerned they would pay up and settle law suit.
        Sean Foley
        • Hmmm iPhone5 should be included in the Ban as well.

          .... this will give food for thought for Apple's shady practices.

          the fact that it lost the antitrust ebook case as well.. is not good for Apple.

          And if it looses the 1.x Billion it won in a previous lawsuit ... it will help Apple fall hard.
    • Agree....

      Apple is whining because they could otherwise be stuck with these old iPhones and may instead have to dump them onto the Chinese for a fraction of what they could of sold to some [dumb] Americans looking for a cheap deal on old technology.
  • It's quite comical really

    Whilst this makes me somewhat disgusted at the frankly hypocritical nature of Apple, if the legal bods hadn't tried this, then if I was Tim Cookie, I'd sack them for not trying every dirty trick.

    It's the way Apple rolls.

    They started this ridiculous circus of lawsuits, they can stop it anytime they want, but have to live by the rules of the engagement they started.

    Looking forward to the arguments the ibois have to justify why the bad should be stopped. What would happen to people who want to buy Samsung devices that Apple wants banned? "irreparable harm"?
    • Sigh. Apple did NOT start this ridiculous circus of lawsuits

      No one did. This sort of stuff has been going on since patents have existed. You have just been propagandized (probably without too much effort since you don't like Apple anyway) into thinking there was no patent lawsuit ever until Apple sued Samsung.
      • BS!

        Yes, they did!
        "I'm going to destroy Android, because it's a stolen product. I'm willing to go thermonuclear war on this." - Jobbs said that.
        This has nothing to do with patents - it's about Apple using patents to destroy competition. Period.
        • Brilliant response

          baggins's ridiculous defense is the equivalent of saying "Germany didn't start WWII because wars have been going on forever".

          We should forgive baggins. Like all POTUS press secretaries, he has to spin all negative apple news. It is in his employment contract.
        • But they lacked the guts!

          If Apple were serious about going thermonuclear against Android, they should have gone toe-to-toe with Google. They didn't and therefore its been sword slashing exercise against assorted others. Trouble is that, once in a while, someone will slash back and that can hurt.
          • @dcarmi - again - it's not about...

            ...having or not having guts - it's about greed: technically google doesn't make money on Android (not from actually selling it) - so damages awards are not going to be worth lawyers fees even if Apple wins.
        • Welcome to the history of tech patents since Amazon's one click cookie

          patent... they all do this. I know everyone is hoping this is another front on the platform religion wars. But it isn't. This is companies using the to and fro of patent law as a struggle for footing between commercial entities... not software religions.
      • apple went after samsung and android frothing in its mouth

        Hopefully the courts will mitigate its rabies induced attacks.
  • apple didn't care about causing Amazon irreparable harm

    apple sues Amazon to get them to stop using the words app and store. I'm so glad that Amazon crushed apple on that one. It has been fascinating to see the apple paid media ignoring this huge victory.

    Hopefully apple is learning the hard way that they can't continue their current strategy of copying and patent trolling.

    Kudos Amazon.

    Kudos Samsung.

    Kudos Google.
    • Whatever Matt...

      You're a card carrying Microsoft troll. You are a Microsoft Evangelist/MVP/Fanboy. Just because you use ridiculous screen names, does not make you clever.
      Troll Hunter J
      • doesn't mean..

        ...he's not right in this case. Well, partially right. :-)
  • Apple is quickly learning what happens

    when you don't pay your protection money. They should have seen this coming when they were hauled before Congress for daring to follow tax laws to reduce their tax liability. Google gets it. In the modern world, if you want to succeed in business, you have to build the proper political connections. Stupid Apple, thinking all you have to do is make good products and make the customer happy.
    • I didn't realize that was apple's strategy

      "Stupid Apple, thinking all you have to do is make good products"

      When are they going to start implementing this new strategy?
      • In 1984

        Once you get your DeLorean revved up to leap forward from Marty's parents' prom.
    • $ = Hypocrisy is fine?

      So the fact they wanted all infringing samsung products banned, for amazon to stop using app store etc etc, that's fine by you if they made the right political donations? Interesting viewpoint baggins, as usual.

      How you can you defend a company that demands harsh sanctions against others but whines about irreparable damage to sales when they face the same? Why do you always try and claim that what's good for others is unfair for apple? You can't in all honesty sit there and say it's okay for apple to demand these sanctions against competitors but should not be expected to face them for the same behaviour?
      Little Old Man