You may be aware that on the matter of Apple seeking a ban on Samsung gear in the United States, the largest carrier in the US, Verizon came down on Samsung’s side and offered their support by asking the court to reject Apple’s request for a banning of Samsung gear, and it appears that Apple is opposed to such a request from the Big Red.
According to an article over on Apple Insider, by way of FOSS Patents, Apple has now filed an objection to Verizon’s request with the court claiming the request is “untimely.” Verizon asked to submit an amicus curiae brief on Friday defending Samsung.
Apple wants the Verizon brief thrown out or allow Apple to respond by a deadline that “minimises disruption of the process.”
Apple’s objection filing doesn’t address Verizon’s argument that a preliminary injunction against such devices as the Samsung Galaxy Tab 10.1, Galaxy S 4G, Samsung Infuse 4G and Samsung Droid Charge, as not in the public interest, but rather objects to the “tardiness” of said request.
According to the filing by Apple, “The Federal Rules of Civil Procedure do not provide for a non-party’s submission of amicus briefs in district courts.” FOSS Patents Florian Mueller tends to agree with Apple, and states that in the many lawsuits he has monitored, this is the first time someone has filed such a brief.
Apple describes the timing of the Verizon brief as “disruptive to Apple’s ability to present its positions to the Court in an orderly fashion,” and claims it doesn’t allow time for an “opportunity to seek discovery (whether from Verizon, Samsung, or another company) to rebut Verizon’s claim that a preliminary injunction is contrary to the public interest.”
So there you have it, it would appear that Apple is a tad upset that the Big Red has shown their colours and come down on Samsung side in this ongoing battle, but whether Verizon’s support of Samsung will hold any weight remains to be seen.
Personally I think Verizon has done the right thing, not for just Samsung but for its Android customers, trying to make sure that Android devices are not banned and those in the public space who want to use them can do so. Apple may not like it, but the truth is they are trying to control what device options the public has on offer.
We have embedded Apple’s opposition to the Verizon motion below for those that wish to read it in its entirety.
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