“On Monday, a Google-led group of companies also including HTC, SAP, Rackspace and Red Hat filed a motion for leave to submit an amicus curiae brief to the United States Court of Appeals for the Federal Circuit in connection with Apple’s appeal of a district court’s denial of a permanent injunction despite a multiplicity of infringement findings by a federal jury,” Florian Müller reports for FOSS Patents. “Samsung filed its opening brief last week. The motion by Google et al. already indicated that Apple had declared its intent to oppose it. Apple was quick and filed its opposition only a day later.”
“Apple’s argument is based on the fact that Google is ‘the developer of the Android operating system running on the Samsung smartphones that Apple seeks to enjoin in this case,’ an interest that conflicts with the traditional role of an amicus as ‘an impartial friend of the court–not an adversary party in interest in the litigation,'” Müller reports. “Apple then cites cases in which courts denied permission to submit an amicus bief “to prevent ‘an end run around court-imposed limitations on the length of parties’ briefs.'” This was just a quote from a decision by Judge Posner, who also expressed concern about cost implications. Apple cites other cases as well.”
Read more in the full article here.
Google, HTC, SAP, Red Hat and Rackspace support Samsung against Apple on sales bans – May 7, 2013