Apple opposes Google’s amicus brief supporting Samsung: Not an impartial friend of the court

“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.

Related article:
Google, HTC, SAP, Red Hat and Rackspace support Samsung against Apple on sales bans – May 7, 2013


  1. Google’s brief, in brief:

    “Dear Appeals court: Our review of your browsing history suggests that you should bend to our will less we find reason during the proceedings to reveal a multi-year pattern of browsing that could be considered contrary to societal norms in place.”

  2. Google’s brief in proper form:

    0001 In the matter of Apple Inc. vs
    0002 Samsung Electronics
    0004 United States Federal Court of Appeals
    0005 [ + Paid Advertisement + ]
    0006 Court Reporters Available on 1-hour notice
    0007 [ – Paid Advertisement – ]
    0009 Amicus Curiae Brief
    0010 May 8 2013
    0012 [ + Google AdWords + ]
    0013 Briefs in men’s, women’s and children’s sizes
    0014 [ – Google AdWords – ]
    0016 May it interest the court to know that Google, Inc. stands as a
    0017 friend of the court providing the following evidence for the
    0018 Court’s consideration:
    0019 [ + YouTube suggestions + ]
    0020 Feline Friends Fund Drive:
    0021 [ – YouTube suggestions – ]

  3. I’m so sick of this shit. Either abolish Android or shut up. The amount of nitpicking Apple is engaging in sucks. More and more of the same circus in the courts.

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