Apple Drops Cross-Appeal in First California Case Against Samsung

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Apple has dropped a cross-appeal in the first patent California litigation case against Samsung and accepted denial of injunction, reports Florian Müller of Foss Patents. After Judge Lucy Koh denied Apple a permanent injunction against Samsung for the second time over a patent it asserted back in 2012, the iPhone maker has apparently decided to focus on the second California case, in which a trial was held just a couple of months ago.

Müller, however, noticed an important change in the ongoing patent litigation between the two tech giants: despite the two having failed to reach a global settlement over patent litigation, the battle is apparently losing steam month by month.

Neither has filed a complaint in about two years, and they have agreed to drop each other’s appeals regarding the final ITC ruling on Apple’s complaint.

Here is what Apple said in its motion filed today:

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.

This, however, doesn’t stop Samsung’s efforts to overturn the 2012 California ruling, which was adjusted, in part, by the court.

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