updated 11:55 pm EDT, Tue September 27, 2011
Apple says Verizon unable to intervene w Samsung
Apple on Tuesday opposed Verizon's amicus brief resisting a preliminary ban on Samsung. The iPhone maker hoped to dismiss or otherwise delay Verizon's response on technical grounds, arguing that federal court rules prevented a non-party from making such a statement in a district court. If the court didn't reject it outright, Apple wanted until October 6 to respond so that it could keep preparing for the October 13 hearing on the possible ban.
Verizon hadn't even asked for Apple's consent on the brief until the day it was filed, the new motion said. As such, Apple hadn't had a chance to gather evidence that might dismiss Verizon's argument.
The carrier may have been aware of Apple's response and even expected that it wouldn't succeed. As Verizon gets a large part of its phone sales from both Apple and Android partners like Samsung, it might have wanted to make a public show of supporting Google and Samsung even if it knew it couldn't mount a real defense. Apple itself might also have been aware after Verizon approached it outside of court.
Verizon stands to lose some business if Apple wins a ban, although some of the products disputed are either out of the market or will be soon enough that the impact will be minimized. [via Florian Mueller]