Originally Posted by EricTheHalfBee
Can someone show me any other company filing an amicus brief or throwing their support behind Google or Samsung? Anyone?
Verizon, T-Mobile and Sprint all have filed amicus curae briefs opposing the idea of Apple getting an injunction on Samsung devices.
Remember, there are four requirements for a US court(*) to grant a patent related injunction:
- The patent holder must have suffered irreparable harm.
- Other remedies, such as monetary damages, must be inadequate compensation.
- The balance of hardships that the infringer will suffer must be considered.
- The public interest should not be harmed by the injunction.
The carriers filed because of the public interest leg. They had a lot of time and money invested in phone specs, testing, and LTE network infrastructure.
Apple themselves have listed royalty prices for their IP, which worked against them to claim that there's no adequate compensation.
(*) the US ITC is outside the court system, and its administrative judges can, and do, decide in favor of injunctions because of any patent, FRAND or not.