When Verizon and T-Mobile filed amicus curiae briefs in favor of Samsung in the company's ongoing patent litigation against Apple in the Federal Court for the Northern District of California, we cheered inside a little. It's always nice to see Android and its handset partners have friends in high places.

However, the question of how the court would respond to these briefs remained - as the decision is an entirely discretionary one. Yesterday, the judge hearing the case accepted both Verizon and T-Mobile's briefs, in full, into consideration regarding Apple's proposed preliminary injunction which would seek to ban the import of certain Samsung Android handsets.

Apple, in response to both briefs, requested leave to reply to oppose consideration of the briefs in an attempt to convince the judge that neither would be helpful or provide insight into deciding the case. The Honorable Lucy H. Koh's response? The court doesn't want to hear it. Koh flatly denied Apple's request even to be heard regarding Verizon or T-Mobile's briefs.

Apple will, of course, include arguments regarding public policy which will probably serve to refute Verizon and T-Mobile's points in its reply to Samsung's opposition to Apple's motion for a preliminary injunction (yes, this is getting confusing).

What's next? Samsung and Apple will submit their final filings, Samsung's opposition and Apple's reply thereto. Koh's decision on the injunction will follow, of course, on October 13th. While it's impossible to know whether the court will actually take Verizon and T-Mobile's briefs positively, the fact that they've been accepted does mean that the judge considers the input of both parties to be valuable in determining whether there would be harm to the public interest in granting the proposed injunction.

We'll be eagerly awaiting the outcome of this preliminary injunction motion over the next couple of weeks.

Court Order via FOSSPatents

David Ruddock
David's phone is whatever is currently sitting on his desk. He is an avid writer, and enjoys playing devil's advocate in editorials, and reviewing the latest phones and gadgets. He also doesn't usually write such boring sentences.

  • AppleFUD

    I've been reading most of the court cases involving Samsung & Apple.

    Some of it is hilarious. Apple's defense for not having a license for 3G from Samsung was priceless.
    1. We don't need one cause all our chips come from Intell
    2. Samsung wants too much
    3. We have a license in agreement in France.
    4. Please don't block our products as we are currently in license negations with Samsung.
    uuuhhhh. . . so, what is it apple? Do you need a license or not?

    They've pretty much done the same thing in every case--throw as much s#%t at the wall and see what will stick (clear sign of not having a real case), thus far the only things that has even slightly stuck are silly software patents for things like the rubber-band effect in the gallery.

    The reality is clear, apple is doing every anti-competitive thing they can to delay decent Android products into the market so they can get lock-in on new tablet customers, thus "owning them for life."

    Well, you'll never get me, apple and I'll always recommend non-apple products form now on :)

    • Jon Garrett


      Excellent post, Android Police should hire you.

  • tdavis42

    Its hard not to recommend Apple products to the "simple" people that I know. That is why most of Google's mobile search comes from iOS, only "simple" people need to search that much.

    • Richard

      I recommend everyone I know to stay away from Apple products and, thus far, everyone is very happy they went with Android.

  • Adam

    In terms of tablets I don't think Android can even think about competing until they get their tablet apps under control. The apps market (the most important reason to own a tablet) is the one thing that keeps me a not-so-loyal Apple customer.

  • RockingmyEvo3D

    At best apple is a TOTAL JOKE in this space. With what HTC and SAMSUNG are making now and in the pipeline espically in 2012 I can see why apple feels the need to sue everyone. Innovation is what drives technology not court room jargon/battles. Htc/Samsung care about customers and the competition that exist amongst themselves apple is clearly and outsider in this arena trying to slow progress from a technology standpoint which only hurts potential customers of these manufacturers which in general hurts android. Anyone walking around with some simple little 3.5 inch screen phone is just plain stupid in the first place. In today's world technology has past apple by long time ago I applaud HTC and SAMSUNG for bitch slapping apple senseless...

    • http://www.blxr.net Blxr

      Innovation is what drives technology not court room jargon/battles. - true dat bro

      Funny thing is, Apple calls their products "innovative" and "new". Sure it may have a HD camera, but it's a bitch to transfer it on both a Mac and PC. I'd rather have a HD camcorder that I can use on pretty much anything, even Linux. And apparently, the iPhone 4 changed everything again. Not really, it's just a generic phone with a crippled Mac OS X Tiger on it.

  • JF Sebastian

    Seriously, you Fandroids need to take a good look at yourselves, choking on the Apple hate tut tut