1. Akshay Masand's Avatar

    In a recently filed response with the U.S. International Trade Commission, Apple accused Samsung of filing a motion to strike to avoid ‘inconvenient facts” regarding the company’s conflicting decisions to withdraw standard-essential patent related litigation in Europe but continue the pursuit of identical claims in the U.S. In its filing, an opposition to Samsung’s motion to strike new facts in the parties’ ongoing ITC case, Apple took the opportunity to point out “highly inconvenient facts” surrounding the South Korean company’s recent withdrawal of EU import ban requests.

    Florian Mueller of FOSS Patents noted that Samsung’s willingness to connect SEP injunction litigation with consumer interest has prevented the firm’s forward progress in its international legal battle against Apple. Previously, Samsung dropped injunction applications against Apple products in five EU countries, with the move coming just ahead of potential European Commission antitrust investigations involving alleged misuse of declared standard-essential patents. Samsung issued the following statement regarding the subject:

    In this spirit, Samsung has decided to withdraw our injunction requests against Apple on the basis of our standard-essential patents pending in European courts, in the interest of protecting consumer choice.
    Shortly after pulling the sales ban requests, the Commission officially charged Samsung with a formal antitrust complaint stating that the tech giant abused its dominant market position in legal disputes against Apple. The body stated that since Apple “has shown itself to be willing to negotiate a FRAND license for the SEPs, then recourse to injunctions harms competition.” Samsung claimed it had no choice but to initiate legal action as Apple was unwilling to negotiate licensing under fair, reasonable and non-discriminatory terms. Apple directly questioned Samsung’s seemingly conflicting legal policy as it stands in the U.S. and in Europe by saying the following:

    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 Having withdrawn its injunction requests in Europe, Samsung should now withdraw its exclusion-order request here.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.
    The International Trade Commission will be reviewing Apple’s opposition and offer a ruling on Samsung’s motion to strike in the near future. We’ll have to wait and see what they end up deciding.

    Source: FOSS Patents via AppleInsider

    Twitter: @AkshayMasand
    2013-01-03 10:43 AM
  2. Mrteacup's Avatar
    Before anyone rambles about how it looks apple doesn't let Samsung sue them but they can sue Samsung know that this was done because it would be ripping off the consumer, or us.

    Also before any of you complain about lawsuits know your law and how common law suits are use perspective and please look at the actual patents.
    2013-01-03 04:11 PM
  3. rockyseay's Avatar
    And Apple's lawsuits are not hurting the consumer? That's just ridiculous.
    2013-01-03 05:37 PM
  4. jOnGarrett's Avatar
    And Apple's lawsuits are not hurting the consumer? That's just ridiculous.

    exactly, apple sues Samsung to try to slow Samsung's momentum.
    2013-01-04 03:45 AM
  5. blakwidowstang's Avatar
    And Apple's lawsuits are not hurting the consumer? That's just ridiculous.
    First off, not trying to start an argument, but maybe learn something myself. Also, I'm not sure what lawsuits you're referring to but I honestly sided with Apple in the suit regarding the design of the iPad and home screen layout. I know they weren't identical and I don't think people would've purchased one or the other by accident, and if they did then that's their fault, but they were very similar. I didn't see Apple suing Motorola over the Xoom or other comparable tablets. Basically, I honestly want to know how it hurts me as a consumer? Serious and honest question.
    Last edited by blakwidowstang; 2013-01-04 at 04:52 AM.
    2013-01-04 04:50 AM