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Ahead of October 13 hearing, Verizon backs Samsung against Apple's patent infringement claims

Posted: , by Daniel P.

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Ahead of October 13 hearing, Verizon backs Samsung against Apple's patent infringement claims
Verizon has filed a Samsung-backing “amicus curiae brief” with the Californian court where Apple submitted the original request for injunction in April

That started a legal battle between the two companies that now spans on four continents, but in the US specifically, Apple is seeking to ban the sales and marketing of the Samsung DROID Charge, Infuse 4G, Galaxy S 4G, and the Samsung Galaxy Tab 10.1, which Apple managed to restrict successfully in Germany for now.

Verizon's filing doesn't have any legal weight, of course, and the term is used for third party filings that want to introduce their own considerations for the court to have in mind when deciding on a case. Verizon's “amicus curiae brief” has some pretty wordy arguments inside, up to the point that the injunction against Samsung's 4G products is against the government policies of expanding the US wireless broadband network footprint:

An injunction would prohibit some of the newest, most advanced wireless devices sold today and impede the growth of Verizon Wireless’s high-speed 4G network. The accused Samsung devices are among the few products that can access Verizon Wireless's next-generation high speed network and therefore are among the most sought-after devices by early-adopting consumers – a critical market segment in the industry. Verizon Wireless has invested and is investing billions in developing and deploying its next-generation Long Term Evolution ('LTE') 4G network; that investment depends on consumers having access to devices that can make use of that network. Samsung is one of only six manufacturers (including HP, HTC, LG, Motorola, and Pantech) that has developed and is offering a limited number of such devices today. Moreover, the motion to enjoin Samsung’s devices comes at a critical moment: when Verizon Wireless is expanding its LTE network to paying customers and right before the holiday shopping season


Verizon argues on and on, going insofar as citing a negative effect on jobs creation, i.e., it goes all-out backing up Android and its current poster child Samsung against Apple. 

Whether those arguments will stick with the judge panel remains to be seen, but it is a fact that America's largest carrier is getting more and more outspoken on the events going on in the mobile industry, probably buoyed by the successful creation of its pioneering LTE network infrastructure. CEO Lowell McAdam recently said he expects Windows Phone to be the "third ecosystem" in mobile, and stood up to defend the AT&T/T-Mobile merger two days ago.

source: FOSSPatents

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posted on 24 Sep 2011, 11:22 9

1. sid8911 (Posts: 45; Member since: 29 May 2010)


crap,now vzw probably isnt going to get an iphone 4s

posted on 24 Sep 2011, 11:41 19

4. darkkjedii (Posts: 9280; Member since: 05 Feb 2011)


That was funny,but I don't think apples that crazy. They need Verizon more than Verizon needs them.

posted on 24 Sep 2011, 13:13 2

18. Yeeee (Posts: 190; Member since: 02 Aug 2011)


Damn Verizon is turning into an apple. We can do whatever we want and you guys are still going to work with us.

posted on 24 Sep 2011, 15:14 12

31. Whateverman (Posts: 3158; Member since: 17 May 2009)


I think VZW just doesn't want Appple limiting their product line because it could set a bad presidense for the future of all other products. Kinda cool that they are willing to put themselves out like that against the company that's making their best selling product.

posted on 26 Sep 2011, 11:34 1

77. No No No (unregistered)


Verizon is rolling out LTE.

Verizon WANTS folks to switch to LTE!

The ONLY LTE based phones are Android - currently.

If Android gets blocked Verizon CANNOT deploy LTE because they will not have ANY supporting devices.

Again ... Android is the ONLY supporting LTE platform. This is why Verizon is jumping into the fight.

As a side note ... I think it would also be safe to assume that Apple is NOT releasing a LTE capable phone this year. If Apply was ... perhaps ... Verizon would not be as engaged as they are here. Some thoughts.

posted on 24 Sep 2011, 11:25 15

2. RORYREVOLUTION (Posts: 2870; Member since: 12 Jan 2010)


The patent troll needs to be taught a lesson.

posted on 24 Sep 2011, 11:27 4

3. Mube1 (Posts: 153; Member since: 22 Sep 2011)


Than galaxy s2 is a awesome replacement

posted on 24 Sep 2011, 11:49

5. Joe (unregistered)


wait, so where in vzw's lineup is the GS2?

posted on 24 Sep 2011, 12:16 4

8. RORYREVOLUTION (Posts: 2870; Member since: 12 Jan 2010)


I think Verizon and rightfully so are putting in a lot of money into making sure that the Samsung Nexus Prime, Galaxy Prime, or Droid Prime(whichever it's going to be called) is going to be successful. And we all know how much Apple fears Samsung and their products. Good on Verizon for proving their aren't whipped by Apple and taking care of Android. Because lets face it, it was the OG Droid that helped Verizon make it big and it was the OG Droid that made Android big. Protect your investments that helped you. Verizon didn't need Apple before and they sure don't need them now.

posted on 24 Sep 2011, 12:00 6

6. Sniggly (Posts: 6490; Member since: 05 Dec 2009)


Oh, DAMN. I guess the iPhone and iPad aren't making Verizon all THAT much money if Verizon is willing to piss off Apple like this.

posted on 24 Sep 2011, 16:04 1

33. snowgator (Posts: 3159; Member since: 19 Jan 2011)


I KNOW!! Is it risky ... or is Verizon playing their own game? Throw this in with the words of encouragement to Microsoft concerning the thought of W7 passing RIM for the third OS, and Big Red sure isn't sitting on the sideline, are they?

posted on 24 Sep 2011, 18:06 5

38. roscuthiii (Posts: 1717; Member since: 18 Jul 2010)


Big Red doesn't like to play 2nd fiddle. That's why they originally passed up the original iPhone. Apple wants too much control. I think they only grudgingly went for the iPhone 4 due to customer interest and the board not wanting to pass up a money making opportunity.
But, now they have a shot at garnering some more leverage against Apple and they are taking it. I'm kinda surprised by the move since VZW has been marketing the iPhone all over their site and their brick-and-mortars. However, not everyone is interested in an iPhone as hard as some people find that to believe, and Apple's litigation war is limiting Verizon's options to offer customers.
AT&T has been in bed with Apple for a while now and Sprint is just about to slide under the covers so I don't really see either of those two lending their voices in support. Possibly T-Mo might, but they have other pressing matters to attend to. I'd like to see the smaller carriers like US Celluar (C Spire?), Boost, Metro PCS, Virgin, etc voice their opinions about the possibility of losing out on a phone with such a high customer demand.

posted on 24 Sep 2011, 18:59

41. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


way to be way wrong. Apple turned Verizon down and that's straight from the horses mouth.


http://www.businessweek.com/magazine/content/11_04/b4212032719210.htm


owned Taco50 style

posted on 24 Sep 2011, 20:09 1

47. Sniggly (Posts: 6490; Member since: 05 Dec 2009)


As we've learned from Apple's lawsuits, their version of events and how events actually unfold ain't exactly similar.

posted on 24 Sep 2011, 21:06 1

49. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


This is Verizon's version of the events soo what's your point?

posted on 25 Sep 2011, 00:44 1

52. Sniggly (Posts: 6490; Member since: 05 Dec 2009)


Actually, Verizon's version of events was not really that they got turned down. They were never in consideration and knew it, and it was simply because AT&T had GSM. That was it. So Verizon approached them sometimes to discuss the possibilities afterward and made sure that they were ready to take the iPhone on once Apple decided to release the CDMA iPhone. It's not like they were begging Jobs to give the iPhone to them.

I mean, if they were, they obviously wouldn't risk pissing Apple off now. Obviously they prefer to not have Samsung cut off, as Samsung has been their faithful partner for almost a decade. That's history that Apple doesn't have with them.

posted on 25 Sep 2011, 13:32

63. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Exactly Verizon wasn't in the running. I was responding to the guy saying VZW turned Apple down.

Remix that was all false rumors. I realize all the stories were that VZW turned Apple down, but if you read the interview I posted of a VZW executive then you'll see it's not true.

Lowell McAdam has also stated VZW wasn't in the running.


To Fran its VZW claiming they weren't offered the iPhone not Apple. Man it's obvious you guys are commenting without even reading the article.

posted on 25 Sep 2011, 07:49 3

56. remixfa (Posts: 13902; Member since: 19 Dec 2008)


taco,
VZW passed on the iphone at first. thats old news. the story was respun in the last few years, but the original story was VZW passed on it. I worked for VZW at the time. they openly talked about how it was passed up because apple wanted control of the device that was unprecidented in american telecom. VZW wasnt about to let a brand new manufacturer tell them what to do as it would have given every other manufacturer the ability to push as well. To this day, apple remains the only one with that power to push carriers because ATT gave into them and it became such a hit.
so you should be thankful to ATT for sucking so bad and being so desperate that they were willing to bend the rules for an egomaniac who demanded it to be his way all the time.

posted on 25 Sep 2011, 08:14 3

58. remixfa (Posts: 13902; Member since: 19 Dec 2008)


oh, and just so u dont think your right because you posted a link..

http://www.engadget.com/2007/01/29/verizon-passed-up-apple-iphone-deal/

http://www.brighthand.com/default.asp?newsID=12767

http://www.slashgear.com/verizon-wireless-ceo-wed-like-the-iphone-now-0680631/

http://www.phonearena.com/news/Deja-Vu-all-over-again-as-Verizon-rejected-first-crack-at-Google-Phone_id8304

posted on 25 Sep 2011, 11:02 1

59. fran (unregistered)


So what if Apple claims that they turned Verizon down in the beginning? That means nothing because they obviously saw a benefit in offering their product through Verizon since they are currently doing so. You have such a knack for making completely irrelevant comments, taco.

posted on 24 Sep 2011, 18:47

40. ardent1 (Posts: 1983; Member since: 16 Apr 2011)


Man who put his foot in his mouth has spoken again. What a f'kng moron!

posted on 25 Sep 2011, 14:12

67. Sniggly (Posts: 6490; Member since: 05 Dec 2009)


Yes, because it's moronic to note that Verizon wouldn't pull a move like this if any potential financial sacrifice they make by pissing off Apple wasn't outweighed by the money they make from Samsung products.

posted on 24 Sep 2011, 19:09

44. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


or not this is a business move by VZW which makes sense. They're pushing 4G and Samsung is selling 2 4G devices on their network.

Businessmen don't make decisions of childish emotions like fandroids.

posted on 25 Sep 2011, 01:36 2

54. Sniggly (Posts: 6490; Member since: 05 Dec 2009)


Durr hurr, did I say it was an emotional decision? Clearly I was pointing out that the amount of money that Verizon is making off of iPads and iPhones isn't enough for them to let Samsung hang, as Samsung does make some devices essential to their expansion as a carrier, and has a history of making premier/workhorse phones for Verizon. OBVIOUSLY it's a smart business decision for them; they spell it out right in the brief. The point is that they aren't nearly as dependent on Apple as you'd probably love for them to be.

posted on 24 Sep 2011, 12:07 2

7. Atrix4g (unregistered)


Hmm i think verizon is talking allot lately. Apparently Apple products on verizon arent making much money.

I think Verizon is telling the turth this past few weeks. Especially with this and the merger.

posted on 24 Sep 2011, 12:22 1

9. Allday28 (Posts: 273; Member since: 19 Nov 2010)


Actually the iphone is verizons best selling phone right now.

posted on 24 Sep 2011, 12:30 3

11. RORYREVOLUTION (Posts: 2870; Member since: 12 Jan 2010)


Actually it isnt.

posted on 24 Sep 2011, 13:44

22. Joe (unregistered)


actually, i'm pretty sure it is from the last figures i saw about a month or so ago. the only thing that changed is the Bionic and a lot of fanboys are bashing that phone.

posted on 24 Sep 2011, 13:56

25. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Since I know you're lying care to link to some proof that shows a phone that's outselling it?

posted on 24 Sep 2011, 14:11

29. Joe (unregistered)


http://www.bgr.com/2011/09/06/apples-iphone-4-still-top-selling-smartphone-at-att-verizon-as-iphone-5-looms/#utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+TheBoyGeniusReport+%28BGR+%7C+Boy+Genius+Report%29&utm_content=Google+Reader

as of 9/6/11.

posted on 24 Sep 2011, 14:14 1

30. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


I was responding to roryrev the droidbot

posted on 24 Sep 2011, 12:34

14. lololol (unregistered)


get your information right before you post thanks!

posted on 24 Sep 2011, 13:41 2

21. ... (unregistered)


wow, you apple fanboy sure is clueless

posted on 24 Sep 2011, 12:27 5

10. ZayZay (Posts: 548; Member since: 26 Feb 2011)


Can't Apple just go away already?

posted on 24 Sep 2011, 12:31 1

12. Galen20K (Posts: 504; Member since: 26 Dec 2008)


Bravo Verizon, even if it doesn't hold much weight I applaud you for standing up even if it is in your own interests it still counts. Apple needs to stop bullying others around so much, they've become far too arrogant.

posted on 24 Sep 2011, 12:32

13. J-Lo (unregistered)


I can assure you the main reason is bc Verizon carries a number of the devices mentioned. If they can't sell the Charge, Galaxy Tab etc then they get screwed. They are really only arguing on the behalf of the products they are trying to sell. Oh and BTW the Iphone is the #1 smartphone VZW sells right now!

posted on 24 Sep 2011, 13:38 4

20. p0rkguy (Posts: 677; Member since: 23 Nov 2010)


They are arguing because those are the only devices capable of pushing their network, LTE. If other devices came that was capable of pushing LTE then they wouldn't have even bothered.
This becomes directed at Apple because Verizon knows the next iPhone isn't going to support LTE. This doesn't really benefit Verizon in the network game while the other Samsung devices do.

posted on 24 Sep 2011, 13:57 1

26. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Good comment

posted on 24 Sep 2011, 17:26 3

37. remixfa (Posts: 13902; Member since: 19 Dec 2008)


iphone may be the best single selling device but android sells much more over all. If they can get samsung banned.. which just happens to make up nearly half of their line up, it not only drastically cuts down their phone choices, but it sets up HTC, Moto, and the rest for similar treatment.

They are protecting their own interest, but at the same time their interests also help protect android as a whole as a byproduct.

Since it doesnt exactly have any legal weight, hopefully they made a strong enough arguement to weight the judge's mind.

posted on 25 Sep 2011, 11:27

61. fran (unregistered)


What exactly are you guys comparing it to? The iPhone is the best-selling device compared to what? It's a single phone on two different carriers, of course it's going to show by numbers that it is selling more than other phones. It's not really a fair or even comparison to anything because there is no other exact same phone on two carriers. If the Bionic was being offered through At&t and Verizon, and the iPhone outsold it then, understandable.

posted on 25 Sep 2011, 13:36

64. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


SGS II will be offered on 3 carriers. Balckberry's are offered on all carriers.

Are you really using the argument that iPhone sells more because it's offered on more carriers?! Lol I've heard it all. iPhone is the best selling phone on each carrier, VZW and AT&T. Head to head it outsells any phone.

posted on 25 Sep 2011, 14:28

69. remixfa (Posts: 13902; Member since: 19 Dec 2008)


really? your going to compare sales against blackberries? I think regular texting phones are outselling them at this point.. pick a better example.

I think the point is that you compare a singular phone that is the sole way to get 1 os vs a phone on another OS that is one of many.

That is the issue i constantly take. Who cares what phone sells the most, the value is in the ecosystem for long term growth, so OS sales are much more important. iOS has a pretty fat marketshare for an OS thats only on a few devices but it is still behind android by more than half at this point.


BTW, there are 3 iphones for sale right now, not 1. Iphone4 GSM, iphone4 CDMA, iphone3gs

posted on 25 Sep 2011, 11:23

60. fran (unregistered)


Yeah, J-Lo, it's number one......

That's why Verizon stores have stopped carrying it in-store. Online orders only, for the few who actually still want it. No one cares about that phone like they used to.

posted on 26 Sep 2011, 09:55

74. J-Lo (unregistered)


@fran,

You are kidding me right? Online only? perhaps if you live in Montana or North dakota. The cabinets are stocked with iPhone4. Not sure why you even made that comment!

posted on 24 Sep 2011, 12:54 1

15. biophone (Posts: 1884; Member since: 15 Jun 2011)


Verizon stay out of this. Do as switzerland does.

posted on 24 Sep 2011, 17:01 1

36. wassup (Posts: 565; Member since: 23 Jun 2011)


so you DON'T want LTE? lol ok, then wait till iPhone6 comes out, till then, all of the people with Sammy's LTE handsets (sadly, i can't use CDMA nor LTE where i live, still rocking 3G) will be rocking astronomical speeds ;)

posted on 25 Sep 2011, 14:31

70. remixfa (Posts: 13902; Member since: 19 Dec 2008)


switzerland is filled with idiot stoned panzies that would let all their neighbors be murdered and enslaved without shrugging their shoulders as long as it doesnt directly affect them. They dont seem to realize by the time death comes knocking at their door, there will be noone left to save them. If it wasnt for the US intervening in WW2, Switzerland wouldnt even be there as Germany would have ran right through them.

who the heck would want to be like them. I'd rather be the guy that helps out my friends when they are in trouble rather than get stoned and watch them die.

think im off? check your history.

posted on 24 Sep 2011, 12:55 2

16. bolaG (Posts: 468; Member since: 15 Aug 2011)


Verizon makes more money with Google than Apple. Plus Apple is the new comer, Google is its senior, when it comes to the time they've been in the "network"

posted on 24 Sep 2011, 13:08 1

17. west55 (unregistered)


Funny things is, that pic Phonearena posted has the two CEOs holding a Motorola Droid and an HTC Eris, neither of which are obviously Samsung phones... hahaha

posted on 24 Sep 2011, 13:20 1

19. ZayZay (Posts: 548; Member since: 26 Feb 2011)


Reminds me of the best buy commercials where they show a Verizon phone and it has no 3G signal and the phone has a roaming triangle above the coverage bars.

posted on 24 Sep 2011, 13:46 1

23. Joe (unregistered)


its funny people think that apple is so bad in this scenario when they have a legitimate reason to be suing samsung. there's no question that samsung blatantly copied apple's design in terms of hardware AND software.

posted on 24 Sep 2011, 18:11 1

39. roscuthiii (Posts: 1717; Member since: 18 Jul 2010)


And Apple copied the LG Prada. Your point?

posted on 25 Sep 2011, 11:31

62. fran (unregistered)


Joe, the Samsung Droid Charge is a COPY of an iPhone? Do you even think before you post, or is that just diarrea coming out?

posted on 24 Sep 2011, 13:52

24. Forsaken77 (Posts: 542; Member since: 09 Jun 2011)


Obviously Verizon is only doing this because it benefits them, as does the merger in some respect. I wish Apple would be its' own carrier so it could keep its' filth off the other networks and stop involving everyone in their BS! A patent is infringed when a product is made exactly the same way with the same technology. Not just because it looks similar, sounds similar, or makes you feel almost the same way when you hold it. At this point in the tech cycle, only the ill-informed would buy an iPhone4, of which their are alot. Apples' iPhone is only relevant for the first 3-4 months when it comes out before there's something much better. Their computers are a different story entirely though. They are some of the best around if you're buying off the shelf.

posted on 24 Sep 2011, 13:59 3

27. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Their computers are the same. Never the best spec wise. For e same money you can get a windows pc with way better specs.

posted on 24 Sep 2011, 14:10

28. Joe (unregistered)


with worse performance.

posted on 24 Sep 2011, 15:58

32. Huh? (unregistered)


Or Not.

posted on 24 Sep 2011, 16:50 2

35. Sniggly (Posts: 6490; Member since: 05 Dec 2009)


Well, Taco, good on you for recognizing that simple fact.

posted on 24 Sep 2011, 19:02

43. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


I never claim Apple has the best specs. What you can't comprehend along with other fandroids is that best specs don't necessarily make the best product.

That's why Apple sells so well. The focus on the experience.

posted on 25 Sep 2011, 00:47 2

53. Sniggly (Posts: 6490; Member since: 05 Dec 2009)


You'll actually find that for a lot of people Apple does not provide the best experience. If you think guys who like customizing their phones are bad, the lack of aftermarket customization options for Apple computers is far worse.

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