Are ITC Exclusion Orders A Serious Antitrust Concern?

Law360, New York (July 26, 2013, 12:19 PM EDT) -- The recent U.S. International Trade Commission exclusion order[1] prohibiting the importation of some older Apple Inc. products that infringed a single Samsung Electronics Co. Ltd. standard-essential patent, has been received by the antitrust enforcement community with a great deal of concern. The exclusion of the Apple products marked the first time that the ITC had issued such an order protecting a complainant’s SEP. Interoperable mobile communications devices, such as Apple iPhones and Samsung Galaxies, function according to a mutually accepted industry standard. A patent is recognized...
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