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 | 5009 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 Having withdrawn its injunction requests in Europe, Samsung should now withdraw its exclusion-order request here.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
Marissa Mayer Wants Apple to Drop Google and Default to Yahoo for Search
Marissa Mayer, CEO of Yahoo, is focused on bu...
Apple to Partner With Shazam to Bring Music Identification Feature to iOS?
Apple to Boost Buyback Plan by $30 Million?
Bernstein Research analyst Toni Sacconaghi sa...
Drop, Slide, Dunk Test: Samsung Galaxy S5 vs iPhone 5s vs HTC One M8 vs Nexus 5 [Video]
Anki Announces Brand New Cars & Tracks, New Race Mode
Anki has announced two new tracks, two new ca...