updated 09:10 pm EDT, Wed September 28, 2011
T-Mobile amicus brief echoes Verizon on Samsung
T-Mobile on Wednesday joined Verizon's opposition to a ban on Samsung by filing its own amicus brief in the Northern District of California court handling Apple's lawsuit. The carrier contended that it would "unnecessarily harm" T-Mobile to impose a preliminary ban on Samsung's phones and tablets, and was especially badly timed. With a hearing on October 13, a ban would mean it "could not find comparable replacement products" during the holidays, it said.
Unlike Verizon, however, T-Mobile believed the design patents relating to the look and feel of the iPad and iPhone, not just the software, were important in denying a ban. The difference suggested T-Mobile was more sincerely interested in keeping Samsung's hardware on sale than in making a token gesture to appease Google and Samsung without seriously threatening Apple.
T-Mobile may be too late regardless of sincerity. Apple first pushed for a preliminary ban in July, leaving any urgency in doubt given that T-Mobile waited two months to respond. The iPhone firm has also noted that amicus briefs may be invalid in the current case and with current timing.
Sprint hasn't filed a brief but may be keen not to upset Apple given a likely imminent iPhone 5 launch. T-Mobile has said it won't get the iPhone this year and has little to lose in the short term. [via Florian Mueller]