Samsung should withdraw US import ban requests as it did in Europe, Apple says
Apple made its request in documents filed with the U.S. International Trade Commission
IDG News Service - Samsung Electronics should keep its commitment to consumers and withdraw its demands for bans on imports of Apple products in the U.S. as it did in Europe, Apple said in documents filed with the U.S. International Trade Commission (ITC) on Wednesday.
A few days after Samsung withdrew the requests, the European Commission filed a formal objection to Samsung's efforts to seek bans on sales of Apple products over its use of standards-essential patents. In doing so, Samsung may have been abusing its dominant position and violating European Union antitrust rules, the commission said in a statement.
Although it was suggested that Samsung made its move in order to avoid antitrust action from the European Commission, the company at the time said it dropped the requests "in the interest of protecting consumer choice."
"Samsung remains committed to licensing our technologies on fair, reasonable and non-discriminatory terms, and we strongly believe it is better when companies compete fairly in the marketplace, rather than in court," it stated at the time.
However, Samsung did not withdraw a request filed with the ITC seeking an import ban in the U.S. on Apple products based on patents declared standard-essential.
"Samsung ignores Samsung's own public statement admitting that its injunction withdrawals in Europe served the interests of consumers," Apple said in a document filed with the ITC.
"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 Having withdrawn its injunction requests in Europe, Samsung should now withdraw its exclusion-order request here," Apple said.
Apple filed a notice of new facts with the ITC on the same day the European Commission announced Samsung might be violating European antitrust laws. Last Friday however, Samsung filed a motion asking the ITC to strike Apple's notice because all parties were required to submit briefs no later than December 10. Apple's latest filing is a response to Samsung's request to strike its notice of new facts.
A Samsung spokeswoman could not immediately respond to a request for comment on Apple's latest filing, but instead referred to Samsung's motion to strike.
"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," Samsung stated in the motion.
- Best iPhone, iPad Business Apps for 2014
- 14 Tech Conventions You Should Attend in 2014
- 10 Desktop Apps to Power Your Windows PC
- How to Add New Job Skills Without Going Back to School
- Slideshow: 7 security mistakes people make with their mobile device
- iOS vs. Android: Which is more secure?
- 11 sure signs you've been hacked
- OpenStack Hype vs. Reality: CIO Quick Pulse Open-source architecture can enable IT departments to build infrastructure-as-a-service (IaaS) clouds running on standard hardware.
- The Critical Role of Support in Your Enterprise Mobility Management Strategy Most business leaders underestimate the importance of tech support when they choose an EMM solution. Here's what to put on your checklist.
- Separating Work and Personal at the Platform Level: How BlackBerry Balance Works BlackBerry® Balance™ separates work from personal on the same mobile device, right at a platform level. Find out how it can work for...
- Protection for Every Enterprise: How BlackBerry Security Works Get an IT-level review of BlackBerry® Security, addressing data leakage protection, certified encryption, containerization and much more.
- Live Webcast On-demand webinar: "Mobility Mayhem: Balancing BYOD with Enterprise Security" Check out this on-demand webinar to hear Sophos senior security expert John Shier deep dive into how BYOD impacts your enterprise security strategy...
- Live Webcast Unmasking the Differences between Consumer and Enterprise File Sync & Share The consumerization of IT combined with the rapid pace of the modern mobile workplace is forcing enterprise IT teams to evaluate file sync...
- Live Webcast Workforce Mobilization for Improved Productivity A mobility research director from Aberdeen discusses reasons for extending legacy applications to mobile devices, and an integration strategist from Attachmate shows how...
- Getting Ready for BlackBerry Enterprise Service 10.2 Find out how BlackBerry® Enterprise Service 10 helps organizations address the full spectrum of EMM challenges, while balancing the needs of both the...
- Containerization Options: How to Choose the Best DLP Solution for Your Organization This webcast outlines a framework for making the right choice when it comes to containerization approaches, along with the pros and cons of... All Mobile/Wireless White Papers | Webcasts
As emerging technologies evolve they often find an initial niche in highly specialized scenarios, or in specific industry verticals, before expanding to wider areas of applicability. Within these initial niches, the early adopters can be anything from digital enthusiasts to fashionistas, or they can be folks simply using the technology because it serves a specific need extremely well. (free registration required) more