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.
source: FOSSPatents via AppleInsider