Apple filed documents on Wednesday requesting that Samsung withdraw its request to ban the imports of Apple products in the US, just like it did in Europe.
Apple stated in the document,
“Samsung ignores Samsung’s own public statement admitting that its injunction withdrawals in Europe served the interests of consumers”
“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 Having withdrawn its injunction requests in Europe, Samsung should now withdraw its exclusion-order request here.”
A Samsung spokeswoman responded to Apple’s request by saying,
“Samsung’s decision to forego injunctive relief for certain declared-essential patents asserted against Apple in Europe has no bearing on any issue presently before this Commission and there is nothing inconsistent with Samsung’s decision to seek redress here.”
“Here, unlike in Europe, a full trial on the merits has been held and an extensive evidentiary record developed.”
“The evidence demonstrated that Apple never had any intention of voluntarily entering into a license on fair, reasonable and nondiscriminatory (FRAND) terms for any of the asserted Samsung declared-essential patents.”
“Samsung expects the evidence to be developed in Europe to support a similar conclusion.”
What the Samsung Spokeswoman was referring to when she was talking about Apple not voluntarily entering FRAND terms was the $15 million fine that the European Commission placed on Samsung for trying to ban Apple products via standard essential patents.
If we learned anything from 2012, it’s that Apple is crazy and it most likely did not have any intentions of voluntarily entering into a license on FRAND terms. What are your thoughts on the issue?