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 10:03:20 AM
HTC is already paying to microsoft.
samsung + HTC = biggest/best and most usual android devices.
"And boy have we patented it!" -- Steve Jobs, Macworld 2007
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
Smart Security Cameras: 5 Good Choices For Any Budget
July 25, 2016, 7:13 PM
Top 5 Smart Watches
July 21, 2016, 11:48 PM
Retiree Sues Apple For $7,500 for Wiping Honeymoon Photos From His iPhone
November 30, 2015, 10:23 AM
iPhone 7 May Pack 3-4 GB Memory, More Storage; 4-Inch Comeback is Rumored
November 20, 2015, 10:12 PM
OnePlus One, OnePlus 2 Will Receive Android Marshmallow in Q1 2016
November 16, 2015, 9:58 AM
Lenovo Whoa: Motorola Droid MAXX 2 and Turbo 2 Break Cover in Leaks
October 26, 2015, 3:12 PM
Most Popular Articles
iPhones May Get Curved Screens Next Year
August 24, 2016, 6:45 AM
Drones at the Airport
August 26, 2016, 5:00 AM
5 Easy Ways to Lower Blood Pressure By Monique C. Bethell, Ph.D.
August 25, 2016, 8:00 AM
2 NEW PlayStation 4 Models - Unveiling September 7th
August 23, 2016, 6:23 AM
First Apple Computer Auctions for $815,000
August 27, 2016, 7:51 AM
Latest Blog Posts
First Self-Driving Car debut on the streets of Singapore
Aug 28, 2016, 4:10 PM
Coming Soon - Drones and Airports
Aug 24, 2016, 12:40 PM
SolarCity’s Gigafactory: A Milesone in Emerging Technology by Lily Emamian - 15 August 2016
Aug 15, 2016, 6:30 AM
Sceptre Airs 27", 120 Hz. 1080p Monitor/HDTV w/ 5 ms Response Time for $220
Dec 3, 2014, 10:32 PM
Costco Gives Employees Thanksgiving Off; Wal-Mart Leads "Black Thursday" Charge
Oct 29, 2014, 9:57 PM
More Blog Posts
Copyright 2016 DailyTech LLC. -
Terms, Conditions & Privacy Information