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

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.


source: FOSSPatents via AppleInsider

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34 Comments

1. InspectorGadget80 unregistered

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

6. Ravail

Posts: 182; Member since: Oct 14, 2011

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

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.

18. TROLL

Posts: 4851; Member since: Apr 13, 2012

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

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.

27. TROLL

Posts: 4851; Member since: Apr 13, 2012

Agree, there is a point™

29. PhenomFaz

Posts: 1236; Member since: Sep 26, 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 :)

15. Mxyzptlk unregistered

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

17. TROLL

Posts: 4851; Member since: Apr 13, 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™®©

33. tedkord

Posts: 17417; Member since: Jun 17, 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.

22. jstahl

Posts: 79; Member since: Sep 03, 2012

If you don't like it, don't click on it. samsung should just pay up and shutup. Stop copying Apple's innovations.

30. rusticguy

Posts: 2828; Member since: Aug 11, 2012

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

35. opensourceftw

Posts: 148; Member since: Jan 01, 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.

2. ray77

Posts: 126; Member since: Nov 17, 2012

apple keep dreaming

3. joey_sfb

Posts: 6794; Member since: Mar 29, 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.

5. amiaq

Posts: 509; Member since: Jun 30, 2012

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

13. joey_sfb

Posts: 6794; Member since: Mar 29, 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.

36. InspectorGadget80 unregistered

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

4. rickywinataa

Posts: 262; Member since: Apr 05, 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

7. rusticguy

Posts: 2828; Member since: Aug 11, 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.

11. corporateJP

Posts: 2458; Member since: Nov 28, 2009

Church!

8. mick25

Posts: 110; Member since: Nov 12, 2012

Since when did Apple care about consumer choice? LOL

12. rusticguy

Posts: 2828; Member since: Aug 11, 2012

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

20. TROLL

Posts: 4851; Member since: Apr 13, 2012

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

31. rusticguy

Posts: 2828; Member since: Aug 11, 2012

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

9. rusticguy

Posts: 2828; Member since: Aug 11, 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"

10. sarb009

Posts: 322; Member since: Jun 15, 2011

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

16. PAPINYC

Posts: 2315; Member since: Jul 30, 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.

24. TROLL

Posts: 4851; Member since: Apr 13, 2012

iFarm iAnimal it is PAPINYC ™®©

21. cripton805

Posts: 1485; Member since: Mar 18, 2012

Key word, "Fair Terms"

* Some comments have been hidden, because they don't meet the discussions rules.

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