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.
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 Having withdrawn its injunction requests in Europe, Samsung should now withdraw its exclusion-order request here.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.
Source: FOSS Patents via AppleInsider