Apple Says Samsung Should Withdraw U.S. Injunction Requests as It Did in Europe

Posted January 2, 2013 at 11:55pm by iClarified | Please help us and submit a translation by clicking here | 5397 views

Apple has filed a statement with the ITC saying that Samsung should withdraw its U.S. injunction requests as it did in Europe, reports FOSSPatents.

The company filed its opposition to Samsung's motion to strike today and pointed to some facts that were "highly inconvenient" to Samsung including the withdrawal of its European SEP-based injunction requests, the company's public statement that the withdrawal was "in the interest of protecting consumer choice", and that the European Commission charged the company with anti-competitive behavior.

"Moreover, Samsung ignores Samsung's own public statement admitting that its injunction withdrawals in Europe served the interests of consumers. This admission creates a clear and irreconcilable conflict between Samsung's statements in Europe and its statements to the ITC, as discussed in Apple's Notice. Simply put, Samsung's pursuit of exclusionary relief on declared-essential patents in this investigation is equally as harmful to American consumers as Samsung's pursuit of injunctions on declared-essential patents in Europe was harmful to European consumers. Having withdrawn its injunction requests in Europe, Samsung should now withdraw its exclusion-order request here. If it does not, Apple respectfully submits that the Commission should give the new facts set out in Apple's Notice due consideration as the Commission adjudicates the issues under review and the public interest."

Notably, FOSSPatents believes that Samsung did make a mistake when publicly admitting that SEP-based injunction requests are associated with consumer harm.

Read More


Share
Add Comment
tvBilly - January 5, 2013 at 1:27am
Seems to me the mistake Samsung made is with their choice of lawyers...
Follow iClarified
These are the 10 Default Apple Watch Faces [Video]
Check out this video that shows the ten defau...
Apple to Upgrade iPhone 6s Camera With 12MP Sony RGBW Sensor?
A new report says that Apple is planning to u...
Halo Back Screen Protector Adds a Back Button to Your iPhone [Video]
Halo Back, is a screen protector dubbed the '...
18K Gold Plated Apple Watch and Link Bracelet [Photos]
Check out this stainless steel Apple Watch wi...
How to Add a Startup Sound to Mac OS X
Instructions on how to set a startup sound fo...