T-Mobile Joins With Verizon in Opposing Apple's Anti-Android Lawsuits
September 29, 2011 8:16 AM
comment(s) - last by
T-Mobile tells Samsung: "You've got a friend in me."
(Source: Pixar/Walt Disney Pictures)
Carrier files a "friend of the court" brief in case against Samsung
Deutsche Telekom AG's (
) T-Mobile USA caused a stir on Wednesday when it filed an amicus curiae brief in
Northern California District Court
, on behalf of Samsung Electronics Comp., Ltd. (
) who is facing an intellectual property suit from Apple, Inc. (
I. The Growing Divide Between Apple and Samsung
There's no love lost between Apple and Samsung. Apple is currently narrowly ahead of Samsung in global sales, but
Samsung is growing faster
, with some predicting it to take control of the top smartphone sales spot this year. And in the tablet market, Samsung is the only company giving serious chase to Apple's iPad in sales.
In an effort to stifle its rival, Apple has sued it [
], claiming Samsung's tablets and smartphones are too much like its patented device designs (iPhone: U.S. Design Patents
; iPad: U.S. Design Patent
). That argument didn't fly in a Netherlands court who rejected Apple's design claims (while siding with Apple on a single minor technology patent infringement claim). But a court in Germany, Europe's third largest tablet market, sided with Apple ruling that Samsung's designs did violate Apple's design IP. Samsung's tablets were summarily banned from sale in Germany.
In the U.S. Apple is hoping for a similar outcome to the German decision. It's filed a civil suit in its local district federal court and has filed a complaint with the U.S. International Trade Commission to block U.S. imports of Samsung Android tablets and smart phones. As Samsung -- like Apple -- imports all its handsets from Asia, this would amount to a ban on sales.
Briefs Could Play Crucial Role at Hearing
Judge Lucy H. Koh
is set to hold a hearing on the case -- 11-cv-01846-LHK "Apple Inc. v. Samsung Electronics Co. Ltd. et al" -- on Thur. Oct. 13, at 1:30 p.m. In hopes of convincing Judge Koh to forgo a preliminary injunction banning imports, Verizon Communications, Inc. (
) filed an amicus curiae brief on Tuesday.
With T-Mobile's brief, that makes two amicus curiae briefs in one case. That's unusual for a federal court IP dispute and indicative of the high stakes in this patent case. Also interesting is the content of the brief itself. Like
the Verizon brief
, the T-Mobile brief asserts that the company has strong respect for intellectual property, writing, "T-Mobile respects intellectual property rights and believes that owners of intellectual property deserve their day in court."
11-09-28 Apple v Samsung T-Mobile Proposed Amicus Brief
But the brief reminds the Judge:
However, “a preliminary injunction is a drastic and extraordinary remedy that is not to be routinely granted.” Intel Corp. v. ULSI Sys. Tech., Inc., 995 F.2d 1566, 1568 (Fed.Cir. 1993). When considering whether to issue an injunction, courts must “pay particular regard forthe public consequences in employing the extraordinary remedy of injunction.” Weinberger v. Romero-Barcelo, 456 U.S. 305, 312 (1982)."
The language mirrors that of the Verizon brief. Both companies are basically saying that they understand that the dispute will play out based on the court's opinion of whether Samsung infringed. But they're arguing that until a final ruling is passed down, banning handset sales would damage their holiday sales, and leave them with key gaps in their device lineup, disenfranchising customers.
to the Verizon brief, arguing that it should be excluded for being filed too late. It seems unlikely that this bid by Apple will see success, as there's no restrictions on the timing of amicus curiae filings on a federal circuit court level.
III. Brief Could Lead to Apple Denying T-Mobile iPhone 5
T-Mobile counterstrike against Apple's anti-Android blitzkrieg could impact its bottom line. Apple was reportedly in negotiations to release its fifth generation iPhone on T-Mobile's HSPA+ network -- now those plans may be in jeopardy.
On the other hand, the Samsung Galaxy S smartphone and Galaxy Tab 10.1 tablet have been selling very well for T-Mobile, and seeing them banned could be worse for the bottom line that not getting the fifth-gen iPhone. In short, T-Mobile appears to have chosen what it feels is the lesser of two evils, financially, in choosing to support Samsung and oppose Apple.
If Verizon and T-Mobile have their way, Samsung will be free to continue to sell handsets in the U.S. until the July 30, 2012 trial, pending appeal or settlement.
In related news Samsung yesterday announced it had
entered into a major cross-licensing deal with Microsoft
, Corp. (
) which reportedly involves paying a license fee of $10 or more per Android handset sold.
This article is over a month old, voting and posting comments is disabled
9/29/2011 8:56:01 AM
Hasn't Microsoft done enough? They're already collecting $10 per phone from HTC and Samsung (more from Samsung). They use the same vague patents that shouldn't even be patents.
I wish they would come out with a public patent group. One with key software and hardware patents that are already filed and anyone can use sans fees and no one can claim. That way we wouldn't have these problems today.
9/29/2011 8:59:00 AM
"I wish they would come out with a public patent group. One with key software and hardware patents that are already filed and anyone can use sans fees and no one can claim"
Yes, and the world will live at peace and there will be no more war, or hunger or murder.
The problem with all that is that humans are running the planet and humans arent capable of these things on a large scale. Individuals, possibly, but not organizations.
"It seems as though my state-funded math degree has failed me. Let the lashings commence." -- DailyTech Editor-in-Chief Kristopher Kubicki
Samsung to Pay Microsoft Royalties for All Android Phones It Sells
September 28, 2011, 3:35 PM
Apple Pleads With Court to Reject Verizon's Pro-Android Brief
September 28, 2011, 10:06 AM
Samsung Unveils Omnia W WP7 Handset, Celebrates 10M Galaxy S IIs Sold
September 26, 2011, 2:39 PM
Verizon Sides with Samsung in Apple Legal Dispute
September 24, 2011, 6:15 PM
Apple Looks to Kill Samsung's Android Tablets and Phones in Britain
September 14, 2011, 4:10 PM
Inspiron Laptops & 2-in-1 PCs
September 25, 2016, 9:00 AM
The Samsung Galaxy S7
September 14, 2016, 6:00 AM
Apple Watch 2 – Coming September 7th
September 3, 2016, 6:30 AM
Apple says “See you on the 7th.”
September 1, 2016, 6:30 AM
Apple sued because of iPhone 6 Touch Disease
August 31, 2016, 7:00 AM
Get Ready to wait in line – iPhone 7 due September.
August 18, 2016, 7:15 AM
Most Popular Articles
Smartphone Screen Protectors – What To Look For
September 21, 2016, 9:33 AM
UN Meeting to Tackle Antimicrobial Resistance
September 21, 2016, 9:52 AM
Walmart may get "Robot Shopping Carts?"
September 17, 2016, 6:01 AM
5 Cases for iPhone 7 and 7 iPhone Plus
September 18, 2016, 10:08 AM
Update: Problem-Free Galaxy Note7s CPSC Approved
September 22, 2016, 5:30 AM
Latest Blog Posts
Burlington Gun Attack
Sep 27, 2016, 5:00 AM
Who is in Risk of Getting Oral Cancer?
Sep 23, 2016, 6:02 AM
France Bans Plastic Eating Utensils in Restaurants
Sep 18, 2016, 10:49 AM
Progress Against Acute Myeloid Leukemia
Sep 17, 2016, 5:30 AM
Apple Watch Series 2 - Number 1 in the Customer Satisfaction.
Sep 7, 2016, 6:19 PM
More Blog Posts
Copyright 2016 DailyTech LLC. -
Terms, Conditions & Privacy Information