Samsung Electronics who is in to their their third sitting month of a hearing in the Australian Federal Court where they are battling Apple, has overnight won a major victory against the US Company whose products are set to be banned in the USA.
The U.S. International Trade Commission has ruled that some of Apples iPhones and iPads violate a Samsung patent, the Court has ordered a ban on sales in the U.S.
The commission has banned the import of the iPhone 4, the iPhone 3GS, the iPad 3G, the iPad 2 3G and the iPad 3. The latest Apple products, the iPhone 5 and the fourth-generation of the iPad, were not affected by the ban.
“Apple failed to prove an affirmative defense,” the commission said in its ruling.
President Barack Obama has 60 days to review the exclusion order, which takes effect if he doesn’t veto it. Apple can also appeal the ruling to federal courts. The chance of a President overruling the Court is slim, the last President who overruled a decision was Ronald Regan.
The case is just one of many that Samsung is fighting around the world.
In Australia Justice Bennett has been sitting in the Federal Court in Sydney in a case between Apple and Samsung that kicked off in May 2012 it is expected to finish shortly.