Apple (NASDAQ:AAPL) is demanding to know why, after dropping patent injunction applications against the iPhone maker in five European countries, Samsung (SSNLF.PK) continues to pursue exactly the same complaint in the U.S.
Last month, Samsung announced it was dropping injunction applications against Apple in the U.K., France, Germany, Italy, and the Netherlands on a “unilateral and voluntary” basis. The Korean company had cited an interest in protecting consumer choice in pulling applications in Europe, but as FOSS Patents points out, the unexpected move has landed it in a hard place in its international legal battle against Apple.
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In a filing made with the U.S. International Trade Commission on Wednesday, Apple accused Samsung of trying to avoid “inconvenient facts” regarding its decision to withdraw litigation in Europe. Soon after the withdrawal, Samsung was officially slapped with an antitrust complaint by the European Commission, which accused it of abusing its dominant market position in legal disputes against Apple.
Through Wednesday’s filing, Apple asked the ITC to pay heed to the new facts.
“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,” Apple said in the filing, according to Apple Insider.
“Having withdrawn its injunction requests in Europe, Samsung should now withdraw its exclusion-order request here.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.”
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