Apple is looking to put off an upcoming U.S. ban on the GSM versions of the iPhone 4 and iPad 2. The U.S. International Trade Commission (ITC) put the ban—which takes effect August 5—after finding the devices in violation of Samsung patents.
Last year, Samsung alleged that Apple’s iPhones, iPads and iPod Touches infringed on five separate Samsung patents. The ITC determined that Samsung had proven violation of one of the patents and issued limited exclusion and cease-and-desist orders on the importation and sale of the devices in question.
Apple is pursuing the stay based upon the confidence that its appeals of the decision will succeed and its claims of irreparable harm if the ban goes into effect.
“Absent a stay, Apple would lose sales of the iPhone 4 (GSM) and iPad 2 3G (GSM), which are entry-level devices from among Apple’s limited product offerings. This would be especially damaging to Apple given its particular business model,” Apple wrote in the filing.
Although the iPhone 4 is getting older, it’s still recently factored heavily into sales of iPhones overall. In reporting Apple’s iPhone shipments for the fourth quarter of 2012, IDC noted that Apple couldn’t make enough of the iPhone 4 to keep up with demand during the quarter.