The cross appeal had been filed in March following a successful jury trial. Judge Koh denied Apple a permanent injunction against Samsung for a second time and the company filed a renewed motion after a partly successful appeal to the Federal Circuit. Apple would have had to convince the Federal Circuit that Koh applied a standard that was too high; however, it appears to have shifted its focus towards getting a permanent injunction in the second California case.
Pursuant to Federal Rule of Appellate Procedure 42(b), Plaintiff-Cross Appellant Apple Inc. ("Apple") moves to voluntarily dismiss its cross-appeal, No. 2014-1368.
Apple further moves to reform the official caption of the remaining appeal (No. 2014-1335) to reflect the dismissal of Apple's cross-appeal.
Counsel for Apple has conferred with counsel for Samsung Electronics Corporation, Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC (collectively, "Samsung") regarding the substance of this motion. Samsung does not oppose the relief requested in this motion and will not file a response.
Apple accordingly requests that the Court grant its motion and dismiss its cross-appeal and reform the official caption to reflect the dismissal. A proposed order is attached.
Apple's withdrawal doesn't affect Samsung's efforts to get the 2012 jury verdict overturned. Those efforts are still continuing.