“Today a ‘notice of new facts’ that Apple’s counsel filed on Friday in connection with the ITC investigation of Samsung’s complaint entered the public record. On November 20 I already reported that FRAND issues are key to the ongoing review of an initial determination that didn’t hold Apple to infringe any valid Samsung patents, given that Samsung is not completely unlikely to prevail on one of its standard-essential patents (SEPs),” Florian Mueller reports for FOSS Patents.

“Apple’s notice informs the ITC of Samsung’s ‘remarkable about-face [last] week’ in the form of “withdrawing its requests for injunctive relief on allegedly standard-essential patents in its pending cases against Apple in courts throughout Europe”, and of the issuance of a Statement of Objections (SO), which is a preliminary ruling and bears considerable weight,” Mueller reports. “Apple presents Samsung’s entire statement on the withdrawal to the ITC… [and] Apple highlights the striking contradiction between Samsung’s statement on the European withdrawal and the position it takes vis-à-vis the ITC.”

Mueller reports, “This is quite a “gotcha”. I also wrote in my commentary on Samsung’s withdrawal that “I would encourage Samsung to do so in other jurisdictions as well”. Apple is now basically making the same suggestion. Rightly so. What’s good for the goose is good for the gander. And what’s good for European consumers (on that one I totally agree with Samsung) should not be withheld from consumers in the United States, Asia, Australia, or anywhere else.”

Much more in the full article – recommended – here.

[Thanks to MacDailyNews Readers "Dan K." and "Brawndo Drinker" for the heads up.]

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