Sunday, 25 September 2011

Verizon To Apple: Banning The Import Of Samsung Android Devices Is Not Something We're OK With

Well, this is certainly an interesting turn of events. In Samsung and Apple's ongoing attempts to sue the pants off one another in every court conceivable, an unlikely player has stepped into the arena as a voice of reason (sort of).

Verizon Wireless, the US's largest wireless carrier, has requested permission to file a brief in the Federal Court for the Northern District of California on the part of Samsung in one of the many lawsuits it is involved in with Apple. Apple filed a motion previously for a preliminary injunction, asking the court, in light of Samsung's alleged patent infringement, to ban the import of four Samsung Android devices (the Infuse 4G, the DROID Charge, the Galaxy S 4G, and the Galaxy Tab 10.1). The court has yet to rule on the motion, and Verizon has jumped into the fray to fight for Samsung.

The efficacy of an amicus curiae brief (which is by definition filed by a third party) depends largely on the discretion of the court, because it is unlikely Apple will consent to Verizon's filing. The court will decide whether or not to consider the brief based upon its helpfulness, who paid for it to be written, and whether the information in the brief provides the court insight not previously offered by either of the parties in suit.

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