While a global, comprehensive settlement of the patent spat between Apple and Samsung has not materialized yet, the dispute continues to lose steam every month, and noticeably so. Not only has no new complaint between these parties been filed in about two years (unless something was filed somewhere in the world without being reported in the media) but the parties' litigation fatigue is increasingly visible at the appeals courts. Last month they agreed to drop each other's appeals of the final ITC ruling on Apple's complaint. Today Apple filed a motion with the United States Court of Appeals for the Federal Circuit to drop a cross-appeal in its first California case against Samsung. The deadline for Apple's opening brief would have been today.
The cross-appeal Apple has now dropped (which Samsung was fine with) had been filed in March. While the 2012 California jury trial had gone extremely well for Apple (in front of a jury that thought looking at prior art references was just a waste of time), Judge Koh had just denied Apple a permanent injunction against Samsung -- for a second time -- over the multi-touch software patents it asserted in the 2012 trial (where other intellectual property rights were also at issue). Apple had filed a renewed motion after a partly-successful, but ultimately insufficiently-successful, appeal to the Federal Circuit. It could now have tried to convince the Federal Circuit that Judge Koh applied a standard that was too high, but apparently Apple has decided to focus on its pursuit of a permanent injunction in the second California case, in which a trial was held a few months ago (and a hearing on the parties' post-trial motions, including Apple's motion for permanent injunction, took place a few weeks ago, with a ruling most likely coming down this summer).
Apple's withdrawal of its cross-appeal changes nothing about Samsung's own efforts to get the 2012 jury verdict overturned in whole or in large parts. Those efforts continue regardless.
Here's the text of Apple's motion:
Pursuant to Federal Rule of Appellate Procedure 42(b), Plaintiff-Cross Appellant Apple Inc. ("Apple") moves to voluntarily dismiss its cross-appeal, No. 2014-1368.
Apple further moves to reform the official caption of the remaining appeal (No. 2014-1335) to reflect the dismissal of Apple's cross-appeal.
Counsel for Apple has conferred with counsel for Samsung Electronics Corporation, Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC (collectively, "Samsung") regarding the substance of this motion. Samsung does not oppose the relief requested in this motion and will not file a response.
Apple accordingly requests that the Court grant its motion and dismiss its cross-appeal and reform the official caption to reflect the dismissal. A proposed order is attached.
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