By August 5, an import ban on iPhone 4 and iPad 2G will take effect following the ruling issued by the International Trade Commission. The import ban was a result of the ongoing worldwide legal tussle between Apple and Samsung over various smartphone patents. Samsung won this one over Apple when it claimed that the iPad 2G and iPhone 4 has infringed the coding technology owned and patented by Samsung.

Now, with only four weeks before the import ban takes effect, Apple is asking the ITC to issue a stay arguing that an appeal is still pending in court. In the motion filed by Apple, the company says that the implementation of the import ban will not only wipe out an entire segment of Apple’s products but also hurt carriers who are in partnership with Apple. The iPhone 4 although two models behind the current iPhone 5 is the fourth most popular smartphone in the U.S. in 2012. Up to now, some carriers are still offering the iPhone 4 as an entry-level Apple device. Hence, the import will potential sweep away an important market, according to Apple.

Apple also argues that the Federal Circuit Court of Appeals where it has filed its petition against the ITC decision will most probably find the patent invalid and hence rule in favor of Apple.  But if the appeals court rules against Apple’s appeal, then Samsung can collect damages in a parallel court later on.

[via GigaOM]