Gotcha! Apple leverages Samsung’s EU antitrust problems, recent statement in U.S. ITC investigation

“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.]

Related articles:
Samsung, Google could be fined billions over abusive efforts to ban Apple sales in Europe – December 26, 2012
The Patent Wars: Crucially, SEPs cannot be used to win injunctions barring products from sale – December 2, 2012
Apple wins strategically important modification of dismissal to keep FRAND defense alive against Google’s Motorola – November 29, 2012
Apple and Google disagree on key parameters of potential FRAND arbitration, including scope – November 16, 2012
Google’s Motorola says it wants binding arbitration to resolve Apple’s FRAND patent claims – November 15, 2012
FTC staff said to formally recommend antitrust lawsuit against Google over FRAND abuse – November 1, 2012
Apple slips bomb into ITC filing: Samsung being probed over SEP abuse by U.S. DOJ – October 24, 2012
Google U.S. antitrust lawsuit said to be urged by FTC investigators over Internet search, FRAND abuse – October 15, 2012
U.S. FTC investigating Google, Motorola Mobility over FRAND abuse – June 30, 2012
EU launches full-blown investigation of Samsung’s suspected abuse of FRAND-pledged patents; Motorola on notice – January 31, 2012
Apple asked standards body to set rules for essential FRAND patents – February 8, 2012

15 Comments

  1. You have to laugh at a company so incompetent that they pull pending litigation in one jurisdiction – without qualification – and think that Apple won’t notice. That’s just plain stupid.

  2. Samsung possibly uses electronic components made in North Korea by slave labourers in samsung products, more reason to ban them as Products from North Korea are banned in the USA and EU

    1. Unfortunately, I think this guy in the video it typical of all men in the USA. I am sure though that if I was to do an extensive search I could find a few people in the US that are smarter and less bigoted than this guy.

  3. “given that Samsung is not completely unlikely to prevail”…
    why do people phase things in this double-negative, confusing style?
    Does that mean there is some chance they will lose?

  4. I SUPPORT THE MAN WHO RUNS THIS VIDEO ITS A TRUE REFLECTION OF KOREANS; THEY SEE THEMSELVES AGAINST HE WHOLE WORLD. THE WORLD CAN SEE WHOS THEIR REAL ENEMY. KOREANS STEAL SO MUCH FROM THE USA AND SEES HER AS AN ENEMY YET THE US HELPS THEM. ITS TIME WE STOP ALL THIS!!!!
    ALL SAMSUNG PRODUCTS SHOULD BE BANNED FROM THE WORLD FOR THEM USING NORTH KOREA.THIS IS A SERIOUS CRIME!! IT SHOWS YOU HOW SLY KOREANS ARE. THEY SELL OUTS –
    THEY STEAL FROM MUSIC TO TECHNOLOGY AND STILL WANNA CHALLENGE THE WORLD

  5. ya should see all da copied rap and pop that plays in korea(FROM COFFEE SHOPS TO RESTUARANTS AND ADAMANTLY ON THE STREETS). if the american singers really know how the songs are literally just translated and imitated and sold by their millions into the korean market to make money for the ventures abroad youll be shocked. IM SURE US SINGERS CAN LIVE OFF MONEY BY ONLY SOME GOOD SUES.its all about korean name to the world- they should change attitude:LAST BUT NOT LEAST; ONCE A KOREAN ALWAYS A KOREAN; THE KOREAN AMERICANS AND KOREANS ABROAD ARE OVERCLICKING ON THE PSY OR PSYCHO SINGER- ITS OVERDONE WE ARE NOT STUPID; all orchestrated by the kpop management and network.i have close friend who let the secret out of the bag.;- its hould be exposed- NO HONESTY NO TRUE REFLECTION- HEHEHE

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