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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

75 Comments
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posted on 24 Sep 2011, 11:22 9

1. sid8911 (Posts: 54; 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: 22114; 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: 3271; 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: 3109; 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: 3109; 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: 7305; 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: 3601; 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: 2226; 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: 7305; 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: 7305; 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: 14255; 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: 14255; 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: 2000; 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: 7305; 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: 7305; 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: 283; 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: 3109; 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.

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