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 Having withdrawn its injunction requests in Europe, Samsung should now withdraw its exclusion-order request here.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.