Judge Lucy Koh admits amicus curiae briefs from T-Mobile and Verizon into Apple/Samsung proceedings

Mon, Oct 3, 2011


Over the past two weeks, both Verizon and T-Mobile filed amicus curiae briefs with the US District Court for the Northern District of California seeking to block Apple’s efforts to attain a preliminary injunction against Samsung’s lineup of 4G products.

The two briefs essentially proffered the same argument, namely that a preliminary injunction would cripple each respective carrier’s ability to deploy its next-gen 4G network and undermine public policy goals “including expansion of American’s access to broadband networks and faster communication with emergency personnel.”

In short, T-Mobile and Verizon argue that they’ve spent billions investing in 4G networks and that that investment rests on the assumption that consumers will have access to devices that can take advantage of said network. An injunction precluding Samsung from selling 4G devices would therefore, the briefs argue, have a demonstrable and significant financial impact on both T-Mobile and Verizon.

This past Friday, Judge Lucy Koh agreed to allow T-Mobile and Verizon’s amicus briefs into the court proceedings.

Notably, T-Mobile not only filed an amicus brief but also expressed a desire to participate in the upcoming October 13th hearing on the preliminary injunction. This request, however, was not granted.

Florian Mueller has uploaded Koh’s order allowing T-Mobile and Verizon’s briefs up to Scribd which can be read over here.


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