UPDATED 09:00 EDT / NOVEMBER 03 2011

More Legal Hurdles for AT&T, Apple

We consumers aren’t really bothered by what goes around in the tech industry.  All we care about is that we have a device to use and a network to support our device.  But if we think about it, when we consider all the legalities behind these gadgets we love, it would probably make our heads spin.

From patent wars to mergers and acquisitions, everything that happens behind the scenes affects its price, and eventually affects us consumers.  So, if you’re still thinking that what happens with these guys doesn’t concern you, you’d better think again.

AT&T-T-Mobile Deal

AT&T wants to acquire T-Mobile but everyone seems to be against it, as the merger could lead to monopoly.  Since AT&T and T-Mobile are the only ones operating on the global GSM standard, the merger would surely hurt competitors.  U.S. District Judge Ellen Huvelle finally allowed Sprint and C Spire Wireless to sue AT&T in their plan to acquire T-Mobile.

This adds another wall that AT&T and T-Mobile will have to hurdle.  The two carriers were already facing legal inquisitions from the government, and now they have to face lawsuits from the two private competitors as well.  C-Spire wants to file a lawsuit against the deal, claiming that the deal would gravely affect their roaming services.

According to Huvelle, “Where private plaintiffs have successfully pleaded antitrust injury, the fact that they are defendants’ competitors is no bar.”

But some of Sprint and C Spire’s claims were dismissed, including claims that the deal would hurt backhaul services.

AT&T Senior Executive VP and General Counsel Wayne Watts said that the majority of their claims were dismissed, stating that “we believe the limited, minor claims they have left are entirely without merit.”

The hearing for the cases filed was scheduled for December 9, 2011.

Apple Loses Tablet Battle

Last year, Apple filed a case against Nuevas Tecnologias y Energias Catala, commonly known as NT-K, a small Spanish tablet maker, claiming that it copied their iPad.  But the NT-K tablet A91 doesn’t even look like Apple’s iPad.  The A91 is chunky in form with a wide screen design, has three buttons, and has a removable battery.

NT-K smartly stood their ground and battled it out in court.  And the Spanish company won, though it’s not even surprising really.  Some analysts are thinking that Apple just went for NT-K because they’re using the Android platform and not really because of design infringement.  So in this round, an Android tablet finally won against Apple.

But other Android tablet makers haven’t been so lucky.  Samsung continues to face legal woes concerning Apple, though the release of the iPhone 4S has presented Samsung an opportunity to take Apple to court with a few infringement claims of its own.  The latest development in this counterattack is the request to see Apple’s iPhone 4S source code–we’ll see how that goes.


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