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Apple says Samsung should withdraw its U.S. legal claims as it did in Europe

Posted: , by Alan F.

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Apple says Samsung should withdraw its U.S. legal claims as it did in Europe
Facing the prospect of getting hit with an anti-trust investigation by the EU for the alleged mis-use of its standards-essential patents, Samsung decided to drop its requests for sales bans on certain Apple devices in Europe. The problem is that Samsung was using its standards-essential patents to try to win these injunctions even though Apple says it was willing to negotiate fair terms. Samsung denies that, saying that it had no choice but to take Apple to court since the company refused to negotiate the standards-essential patents on "Fair, reasonable and non-discriminatory terms."

Apple's filing on Wednesday with the ITC was a request to disallow Samsung's motion to strike new facts in the rivals' ITC battle. Apple says that if Samsung is willing to withdraw its demands for sales bans in Europe, it should be willing to do the same in the U.S. When Samsung pulled the requests for injunctions in Europe, the company said it did so to protect consumer choice. Those words might have come back to kick Sammy in the 'nads. Apple says that if its rival was willing to withdraw the motions for a sales ban in Europe for the sake of the consumer, wouldn't the American consumer face the same threat unless Samsung withdraws its U.S. claims?

Apple's "what's good for the goose is good for the gander" legal theory might hold some water with the ITC, which will rule on Samsung's request to strike Apple's filing of its Notice of New Facts. You can check out all of the legalese in the document below.

"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 Having withdrawn its injunction requests in Europe, Samsung should now withdraw its exclusion-order request here.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."-Apple's filing with the ITC

source: FOSSPatents via AppleInsider

36 Comments
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posted on 02 Jan 2013, 21:10 17

1. InspectorGadget80 (Posts: 6142; Member since: 26 Mar 2011)


And ITC should leave Samsung alone and stop being on APPLE's pay roll. what a bunch of turds And please STOP POSTING PATENT news this is seriously getting old

posted on 02 Jan 2013, 21:22 9

6. Ravail (Posts: 181; Member since: 14 Oct 2011)


i agree, im getting tired of coming to PA and just seeing Patent articles..

posted on 02 Jan 2013, 21:48 6

14. MeoCao (unregistered)


I think SS should drop injunction request if there's one, and demand Apple to pay for SS standard essential patents.

SS should remember to demand the same thing from other companies as well to avoid being accused of patent abuse.

posted on 02 Jan 2013, 22:23 1

18. TROLL (banned) (Posts: 4851; Member since: 13 Apr 2012)


I think, and would be really happy if Samsung dose'nt drop there injunctions, more like™®©

posted on 02 Jan 2013, 22:45 2

26. MeoCao (unregistered)


we all want to punish Apple for its evil lawsuits, but SS should do it clever way not stupid way.

SS is charged for abusing standard essential patents and that a valuable lesson and SS should not repeat that mistake.

posted on 02 Jan 2013, 22:48

27. TROLL (banned) (Posts: 4851; Member since: 13 Apr 2012)


Agree, there is a point™

posted on 03 Jan 2013, 01:19

29. PhenomFaz (Posts: 1064; Member since: 26 Sep 2012)


I honestly think all patent lawsuits by all companies should be thrown in the trash and all of them told to straighten up and sort it out by good ol' fashioned competition which for one will push them to make better products for benefitting me :)....the consumer i mean :)

posted on 02 Jan 2013, 22:06 3

15. Mxyzptlk (Posts: 3227; Member since: 21 Apr 2012)


If only Samsung did the right thing and not unfring in patents. just sign a licensing agreement with apple like HTC did.

posted on 02 Jan 2013, 22:20 6

17. TROLL (banned) (Posts: 4851; Member since: 13 Apr 2012)


Dream on, Samsung and Android is in war with Apple, like steve blwjb said! Samsung will tumble Apple down where it belongs with BB and Nokia™®©

posted on 03 Jan 2013, 10:45

33. tedkord (Posts: 4288; Member since: 17 Jun 2009)


If only Apple did the right thing and didn't infringe (or unfring, if you prefer) Samsung's patents on LTE and other tech. Just sign an agreement to pay the same rate as everyone else, and don't demanda special rate.

posted on 02 Jan 2013, 22:25 4

19. Bernoulli (Posts: 1433; Member since: 01 Sep 2012)


Lol funny part is that there was a patent that Apple lost that pa didn't comment but gsmarena.com did I think it was the face time one lol good ol iphone arena lol

posted on 02 Jan 2013, 22:28 2

22. jstahl (Posts: 79; Member since: 03 Sep 2012)


If you don't like it, don't click on it.

samsung should just pay up and shutup.

Stop copying Apple's innovations.

posted on 03 Jan 2013, 02:08 1

30. rusticguy (Posts: 2820; Member since: 11 Aug 2012)


It should be on FIFO basis. So let's start with Apple paying up everyone :)

posted on 03 Jan 2013, 12:22

35. opensourceftw (banned) (Posts: 148; Member since: 01 Jan 2013)


Except apple does not innovate. They patent sh*t they didn't even design or doesn't even exist yet and then sue. Which removes choice from the consumer which is never a good thing. Not all of us want overpriced mediocre apple novelties.

posted on 02 Jan 2013, 21:10 5

2. ray77 (Posts: 121; Member since: 17 Nov 2012)


apple keep dreaming

posted on 02 Jan 2013, 21:13 7

3. joey_sfb (Posts: 2574; Member since: 29 Mar 2012)


There is no need to ban apple devices. There are losing customer support over the months for their actions. Many are disgusted with apple actions and tell all their friends and parent about it.

posted on 02 Jan 2013, 21:21 8

5. amiaq (Posts: 379; Member since: 30 Jun 2012)


I even passionately hate this fruit company. Don't even think your evil doing well go unnoticed. Remember that.

posted on 02 Jan 2013, 21:39 3

13. joey_sfb (Posts: 2574; Member since: 29 Mar 2012)


Company that think that competitor's product ban would work to their advantage are extremely short sighted. History has proved again and again it actually fuel demand. I never took notice of Samsung before the Apple Samsung trial. Now i already own two of Samsung mobile devices, halt my purchase on a new macbook air. Apple betray my trust that it will protect consumer's interest.

posted on 03 Jan 2013, 19:39

36. InspectorGadget80 (Posts: 6142; Member since: 26 Mar 2011)


And I'm sure ITC uses nothing but Apple products in their DEPT

posted on 02 Jan 2013, 21:20 3

4. rickywinataa (Posts: 262; Member since: 05 Apr 2012)


this could be a backfire for samsung as the ITC is an international organisation. as much as i want to be on the samsung side, samsung did copy apple before, but they don't do it anymore. if should samsung agree with apple, samsung should also ask apple to pull back some of the patents that are used to sue samsung

posted on 02 Jan 2013, 21:27 4

7. rusticguy (Posts: 2820; Member since: 11 Aug 2012)


So this means Apple is scared ... to cut these stupid wars out it's better that a uniform fee is decided on FRAND items 1 cent/device no matter who owns the patent. Shape and form factor should also a come under FRAND if any country is stupid enuff to grant patent to shapes.

posted on 02 Jan 2013, 21:33

11. corporateJP (Posts: 1520; Member since: 28 Nov 2009)


Church!

posted on 02 Jan 2013, 21:29 7

8. mick25 (banned) (Posts: 110; Member since: 12 Nov 2012)


Since when did Apple care about consumer choice? LOL

posted on 02 Jan 2013, 21:34 3

12. rusticguy (Posts: 2820; Member since: 11 Aug 2012)


They do now ... they are said to be coming with rainbow color 5S and a new model called iphone mini :D

posted on 02 Jan 2013, 22:26 2

20. TROLL (banned) (Posts: 4851; Member since: 13 Apr 2012)


And they will all fail, people must be dimwit buying the same product over and over again, except the fans and loyalists users™

posted on 03 Jan 2013, 02:09 1

31. rusticguy (Posts: 2820; Member since: 11 Aug 2012)


Truly a "1 infinite loop" -- Apple slogan on their campus :)

posted on 02 Jan 2013, 21:32 4

9. rusticguy (Posts: 2820; Member since: 11 Aug 2012)


In Europe Apple posted on their site that Samsung did not copy Apple. Will Apple post similar message on US site by their own logic that they are trying to get the claims withdrawn? I am sure answer would be "NO"

posted on 02 Jan 2013, 21:32 3

10. sarb009 (Posts: 284; Member since: 15 Jun 2011)


Apple says this apple says that but we say, " apple just stfu u patent troll "

posted on 02 Jan 2013, 22:18

16. PAPINYC (Posts: 2189; Member since: 30 Jul 2011)


Oooooh, I love the way you guys stuck in that docket PhoneArena, I'm not even going post my opinion on the matter. I'm going to do something I rarely do: "Like" a story.

Now I can peacefully go to bed. Hopefully, I won't have any problems slipping into REM or I'll have to start counting a certain farm animal.

posted on 02 Jan 2013, 22:30 2

24. TROLL (banned) (Posts: 4851; Member since: 13 Apr 2012)


iFarm iAnimal it is PAPINYC
™®©

posted on 02 Jan 2013, 22:28

21. cripton805 (Posts: 907; Member since: 18 Mar 2012)


Key word, "Fair Terms"

posted on 02 Jan 2013, 23:19

28. techguy22 (Posts: 226; Member since: 09 Aug 2012)


you'd like apple wouldnt you lol smh

posted on 03 Jan 2013, 07:00

32. dragonscourgex (Posts: 307; Member since: 16 Jan 2012)


I agree. SS should drop all their lawsuit against Apple. The sec that Apple does the same. I find it silly that a company can work at developing a piece of tech that become essential to the operation of hardware and be treated as they did nothing special. Yes, I agree that they should have FRAND, this keep company from becoming corrupt. But, a design patent for a square with round corners and asking price of $30.00 a unit, should in no way be treated higher then a patent that actually does something useful. People have pointed out many times, on this very site, that Apple have stolen and copy ideas to make their original iPhone. They should not become in raged, when someone else make a similar product to compete and give the consumer choices. It would be a little scary to see the prices Apple would charge for their phones if they had their way.

posted on 03 Jan 2013, 12:19

34. opensourceftw (banned) (Posts: 148; Member since: 01 Jan 2013)


Samsung, and the rest of the world that hasn't been suckered into buying apples novelties say to apple: Eat the biggest veiniest d*ck you can find.

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