Judge Lucy Koh accepted the arguments from Big Red and T-Mobile while preventing Apple from arguing against allowing the briefs, saying that a rebuttal from Apple would be unnecessary and duplicative. Verizon's brief notes that an injunction on 4G phones could harm the carrier's rollout of its 4G LTE network, saying that a delay in completing the construction of its LTE network could affect public safety. T-Mobile's filing says that a ban could affect its operations since it is prepared to sell the Samsung Galaxy S II 4G smartphone and the Samsung GALAXY Tab 10.1, two of the devices whose sale could be blocked by a ruling in favor of Apple.
Apple did get a ruling in its favor when the judge said that T-Mobile could not participate in a hearing for Apple's preliminary injunction scheduled for October 13th. Some have noted that Judge Koh has been extremely liberal with her rulings on motions in the case. Speaking of the case, it is easy to forget that the whole suit is based on Apple's request that the Court block Samsung from selling the Samsung Infuse 4G, the Samsung Galaxy S II 4G and the Samsung Droid Charge smartphones as well as the Samsung GALAXY Tab 10.1 tablet.
a preliminary injunction against its Samsung GALAXY Tab 10.1 tablet in Germany and an Australian judge is expected to rule on an injunction next week. Samsung has voluntarily held back from launching the GALAXY Tab 10.1 in that country until after the court rules. Yesterday, we reported that the Korean based firm said that it has a potential deal that even Apple says has some possible benefits. The details of that plan have not been made public, and it is unknown whether or not Apple is leaning toward accepting it.
Just yesterday, Apple's patent attorney revealed that then Apple CEO Steve Jobs had approached Samsung last year in an attempt to come to an agreement with the Korean manufacturer after complaining that the latter was copying Apple's designs for the Apple iPhone and Apple iPad. Apple attorney Richard Lutton stressed that because Samsung is an important supplier to Apple, the company wanted to give them a chance to come to an agreement before taking them to court. Eventually, the talks broke down, setting up the current legal situation.
source: FossPatents via AppleInsider