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.
"Here, unlike in Europe, a full trial on the merits has been held and an extensive evidentiary record developed," Samsung said. 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 said.
"Samsung expects the evidence to be developed in Europe to support a similar conclusion," it added.
Loek is Amsterdam Correspondent and covers online privacy, intellectual property, open-source and online payment issues for the IDG News Service. Follow him on Twitter at @loekessers or email tips and comments to loek_essers@idg.com
