“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.]
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