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Verizon and T-Mobile "friend of the court" briefs accepted in Apple's case against Samsung

Verizon and T-Mobile
In the U.S. District Court for the Northern California District, the judge overseeing the epic courtroom showdown between Apple and Samsung has allowed Verizon and T-Mobile to each file a "friend of the court" brief. In courtroom parlance, both carriers filed an "amicus curiae" pointing out that ordering a preliminary injunction that would prevent Samsung from selling certain products in the States would be against the public interest.

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.

Judge Lucy Koh

Judge Lucy Koh

Samsung already faces 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

32 Comments
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posted on 01 Oct 2011, 13:48 3

1. dacastrator (Posts: 232; Member since: 22 Sep 2011)


Hopefully they can figure this out in a positive way. I hate to see a product being banned while a lot of consumers are waiting for them to be released.

posted on 01 Oct 2011, 13:48 5

2. SteveBallmer (unregistered)


Cool, I love ilberal judges.
Samsung should have a high chance of winning Apple's ban.

posted on 03 Oct 2011, 09:20

32. 3D (unregistered)


Apple will win because the judge and family members are using iPhones.

posted on 01 Oct 2011, 14:02 2

3. dacastrator (Posts: 232; Member since: 22 Sep 2011)


But I hope Samsung get's their sweet revenge for their Galaxy Tab 10.1 banned in Germany. hehe

posted on 01 Oct 2011, 14:04 6

4. Sniggly (Posts: 7182; Member since: 05 Dec 2009)


Lol. The plot thickens.

Please, Judge Lucy. Do the right thing and tell Apple that they don't own the United States.

posted on 01 Oct 2011, 14:18 3

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


whooo! gettem sammy! gettem bitches!

posted on 01 Oct 2011, 14:30

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


Hoping for an Apple victory in the US just like Europe and Australia. How many times does Samsung have to get it's butt spanked for fandroids to learn.

posted on 01 Oct 2011, 14:52 2

8. dacastrator (Posts: 232; Member since: 22 Sep 2011)


Not this time. You'll see.

posted on 01 Oct 2011, 15:10 4

10. Axial (unregistered)


Shame on you. Shame on you for being completely disinterested in the full story and shame on you for believing that an Apple victory would be beneficial to future Apple products.

posted on 01 Oct 2011, 15:41 11

13. Sniggly (Posts: 7182; Member since: 05 Dec 2009)


How many times do you have to be told you're an asshole before you'll finally believe it?

posted on 01 Oct 2011, 15:49 4

14. dacastrator (Posts: 232; Member since: 22 Sep 2011)


You gotta tell his mom. So his mom will him. And he'll finally believe and realize.

posted on 01 Oct 2011, 17:27 4

15. L3610n (Posts: 47; Member since: 01 Jul 2011)


Any banning of products is stupid. It's tech fascism at its best. I mean seriously. Just get some damn royalties paid, then use that money to make better products. How damn complicated is that?

posted on 01 Oct 2011, 20:29 3

20. jacko (unregistered)


thats funny apple dont make better devices they add a few things and steal a heap off android and say its new and magical when its the same boring old is**t device

posted on 02 Oct 2011, 09:04 3

27. remixfa (Posts: 14126; Member since: 19 Dec 2008)


Google really needs to reverse engineer that iOS5 code and look for similarities and threaten Apple with a patent lawsuit if they dont knock it off... so many rip offs in iOS5 its not funny. Then you got these idiot ibots on here that blindly defend apple's thievery while wishing another company gets banned completely for looking similar.

posted on 02 Oct 2011, 13:04

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


only thing you can say they copied from google is notifications. Everything is else that you complain about is not a google original.

How hypocritical of you considering android is one giant buggy copy of iOS. Didn't google copy and paste some programming code they are now being sued for?

posted on 02 Oct 2011, 17:21 2

30. Axial (unregistered)


Did Apple not lift some 3G technologies that they are now being counter-sued over? Try objectivity sometime, you might come off as less of an assclown. Neither company is any less dirty than the other.

posted on 01 Oct 2011, 19:36 5

18. Ivan6479 (Posts: 244; Member since: 26 Jun 2011)


There goes taco the iTard talking nonsense again. Just as the article mentions that "Samsung is an important supplier to Apple" and Apple is just pissed because they got denied on probably the new screen that Samsung has. Little babies.

posted on 01 Oct 2011, 21:03 1

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


Yes I know in your head samsung being banned in two countries already and then approaching Apple and asking for a truce is a samsung victory. In real life however Apple is winning because it's obvious that samsuck is blatantly copying their products.

posted on 02 Oct 2011, 01:26 2

25. ivanko34 (Posts: 617; Member since: 04 Sep 2011)


Samsung is not banned. I am in europe. All devices are available.

posted on 02 Oct 2011, 08:49 4

26. Really taco (unregistered)


You'r lame ipoop wouldn't be what it is if it wasn't for samsungs help, so you should be thankfull for samsungs contributing it's technology. as a matter of fact I hope after this battle in court samsung stops dealing with Ipoop.

posted on 01 Oct 2011, 20:36 1

21. jacko (unregistered)


asnt ur dad taken the computer off u yet

havent he heard of dont let 5 year old kids play with expansive toys

posted on 01 Oct 2011, 21:04 2

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


English please

posted on 01 Oct 2011, 14:52 6

7. Penny (Posts: 1259; Member since: 04 Feb 2011)


F---ing useless design patents. Patents are supposed to meet the requirements of being novel and NON-OBVIOUS. Many have used rounded rectangles in drawings from long before the iPhone existed.

posted on 01 Oct 2011, 15:09 3

9. bossmt_2 (Posts: 437; Member since: 13 Oct 2009)


Amen. The sooner people stop these frivolous lawsuits, the sooner we can get more true advancements in the mobile industry. If all Apple has to do is make the same device with a slight upgrade every year, And sue companies to try to stop them from releasing their own innovative products.

posted on 01 Oct 2011, 15:18 5

12. dacastrator (Posts: 232; Member since: 22 Sep 2011)


Because Apple obviously can't keep up the competition for innovation. They are getting really late and outdated that's why they wanna slow down innovation by trying to ban products that are more innovative and opposes threat. Look at the iOS 5 updates. Nothing new. Nothing innovative. Just took some missing stuffs that are supposed to be on iOS 4 in the first place, sugar coating it to make it sound like new and there you go. Apple used to be a good and innovative company. I don't know what happened to them.

posted on 01 Oct 2011, 15:15 2

11. Habib (Posts: 114; Member since: 26 Feb 2011)


hopefully, apple acts like a civilized, productive, and a good competitor in cell phone business. i still do not know why apple has to go for samsung DROID CHARGE, that thing looks nothin, literally nothin like an IPHONE and as far patent, idk how does that work.

posted on 01 Oct 2011, 17:30 3

16. L3610n (Posts: 47; Member since: 01 Jul 2011)


The funny thing is, Bill Gates is in the background laughing at all the money he's making from all these companies without having to lift a finger, eating his popcorn, and being entertained by the stupid patent war.

posted on 01 Oct 2011, 18:11 5

17. Whateverman (Posts: 3231; Member since: 17 May 2009)


Patents aren't being used for their intended purpose anymore. Instead of protection, patents are now used more as weapons of destruction and revenge against other companies. Apple is no different. I know some believe they're protecting their IPs but a flat screen rectangle just should't qualify as such. But that's what the world of business has come to now. Most of them act like whinny little two year olds, just crying for no reason. This one with LG trying to ban Audi and BMWs from selling cars because of they use LED lights in their headlights! WTF???


http://www.engadget.com/2011/09/29/lg-seeks-ban-on-south-korean-bmw-and-audi-sales-sticks-out-its/

posted on 01 Oct 2011, 20:11 3

19. guaapo (unregistered)


And here I thought I was gonna be able to get a galaxy note or mobile galaxy s2.
Fcking apple acting like a babie banning anything that's better than the stupid iPhone.
HTC watch next there gonna go after HTC,soon we won't be able to buy smartphones unless its an iPhone because apple trying to ban any and everything that doesn't have an I in front of it. s**t pissed me off man.

posted on 01 Oct 2011, 23:17 3

24. rearden steel (unregistered)


we should slow down innovation to allow apple to catch up.

posted on 02 Oct 2011, 10:24 3

28. taz89 (Posts: 2014; Member since: 03 May 2011)


for a while a i thought taco was actually becoming more mature with his comments and would actually think before commenting,looks like i was wrong...taco this just shows you believe that apple can do no wrong and just like apple you say one thing and do another...i remember in one article you said you dont want samsung to be banned and now in this you saying you do want them to be banned lol have you got a split personality.

posted on 03 Oct 2011, 13:27

33. Lwazi_N (Posts: 205; Member since: 23 Jun 2011)


LOL Taco says "Europe", no bro, it's Germany only. And I don't remember Germany being Europe. And Germans who want the Galaxy gadgets are able to get them from Holland, Denmark, Luxembourg, Finland and other neighboring states.

Apple needs to remember they cannot force people to buy iPads and iPhones when those people specifically want Samsung Galaxy gadgets.

And I commend these carriers for coming forward. Not only is this unfair to Samsung, it is unfair to the carriers as they will be losing out on business should the american courts judge blindly as their German and Australian counterparts did.

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