New Apple ITC filing says Samsung should now withdraw its request for U.S. import ban

“On Monday I published and commented on Samsung’s response to Apple’s recent notice of new facts concerning Samsung’s EU antitrust issues and its unilateral withdrawal of its European standards-based injunction requests,” Florian Mueller reports for FOSS Patents. “Today Apple filed its opposition to Samsung’s motion to strike.”

“On the procedural side Apple argues that its December 21 notice was not too late: ‘Because these are new facts, Apple could not have raised them during the earlier briefing to the Commission.’ and Apple cites ITC precedent allowing such notices,” Mueller reports. “Apple seizes this opportunity to reinforce the points it wants to drive home, which it says are “highly inconvenient facts” to Samsung: the withdrawal of its European SEP-based injunction requests; the fact that Samsung stated publicly that it was “in the interest of protecting consumer choice”; and the fact that the European Commission nevertheless issued a Statement of Objections (SO) and held in its preliminary ruling that Samsung’s pursuit of injunctive relief against Apple, a willing licensee, was anticompetitive.”

Mueller writes, “It would obviously be in Apple’s interest to have Samsung withdraw its ITC complaint (or at least the parts relating to SEPs), but Apple is nevertheless right: it doesn’t make sense to pretend to protect consumer choice in one jurisdiction (Europe) — only because of regulatory pressure — but to continue to push for SEP-based injunctions elsewhere, particularly in the United States. ”

Read more in the full article here.

[Thanks to MacDailyNews Reader “Dan K.” for the heads up.]

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