Samsung accused by Apple of only partially complying with judge's order
The code was to be produced by December 31st at which time Samsung had turned over the source code for just one version of each of the products that Apple says has infringed on its patents. Samsung had apparently withheld the code for other versions. With a trial starting on August 25th, the Cupertino based company is worried that it won't have enough time to analyze any information from Samsung. In the filing, Apple wrote, "At this point in the case, it is too late for Apple to make meaningful use of any late produced source code." With expert reports in the case due in less than two weeks, the iPhone manufacturer says it does not have enough time to analyze any new source code.
Since Samsung allegedly did not deliver all of the required source code to Apple, the latter is asking the court to force Samsung not to rely on the undelivered part of the code in defending itself from Apple's patent infringement claims. Additionally, Apple is asking the court for a ruling that would make the part of the source code that was turned over, "representative of all versions of that product."
Back on December 3rd, the same San Jose based court ruled against Apple's request to block the sale of some Samsung products in the States, following the lifting of a similar injunction placed on Samsung in Australia. The two tech titans have become intimately familiar with each other in the courtroom as they have filed 30 suits against each other on 4 continents since April.
3. The-Omega-Man (Posts: 12; Member since: 25 Jun 2011)
No company should be required to turn over all of the IP to a market competitor for POTENTIAL evaluation of patent infringment. Only that which is the portion specified within the Law Suit should be subject to inspection and not by the other party in question!
An independent entity, under an NDA, contracted by the courts should perform the determination of code or function copying. In this case Both parties would be subject to equal submissions of IP to be independantly evaluated.
As it stands here, one entity (Apple) can potentially gain a competitive advantage over another by exposing various IP elements. It is a legally sanctioned espionage, of sorts.
16. remixfa (Posts: 13903; Member since: 19 Dec 2008)
I want to know exactly what precident set that says a judge can force a company to hand over "potential" software issues to the competing company so they can have a full look at it (and knowing apple, copying every last bit of it). Your right, thats a huge competitve advantage. And honestly, If apple wants the code, they need but to go to a retail store, buy a few phones, and reverse engineer them.
4. PAPINYC (Posts: 2273; Member since: 30 Jul 2011)
iThink Samsung should scribble a few characters on a dinner napkin (paper, of course) and tell the CupertiNo based monopoly, "here is the code you requested;" krÅpple wouldn't know the difference [anyway].
5. heennddoo (Posts: 2; Member since: 12 Mar 2012)
Apple has been doing this since the start of the company they stole keyboard & mouse interface fron xerox why should they stop now !!!
6. Galen20K (Posts: 512; Member since: 26 Dec 2008)
oh shut up Apple, not again. This is getting ridiculously petty.
7. yt6nin (Posts: 100; Member since: 16 Nov 2011)
Apple is just taking this patent infringement game too far... Now it's annoying to have to hear and see articles related to Apple this, Apple that... might as well not buy an Apple products so that they will have less money to go to court with... Just stupid, when they can use the money to focus on making better iPhones, cuz I personally hate them. The only think they are better in my perspective is the "organization" and the way it's designed, otherwise, the limitation makes it inferior to Android smartphones. Thumb me down people with you disagree, but this is just my opinion. Plus, I would probably enjoy owning a Galaxy Note LTE per say, or other $300 Android smartphones over the 4S, as of now. We'll see what Apple has to offer with the next, "'New iPhone'" in the fall... I hope they actually announce it as the iPhone 5...
8. ZEUS.the.thunder.god (unregistered)
and still PA is on a roll to praise and love apple. there are about 30 article in past 1 week alone describing how great apple is and how apple has changed after Jobs.
this clearly shows that nothing has changed. its the same old apple we are dealing with.
9. kimberlie (Posts: 1; Member since: 12 Mar 2012)
This is f*****g ridiculous. Seriously Apple?? Let it go.
10. andro. (Posts: 1944; Member since: 16 Sep 2011)
Werent certain Phonearena writers putting articles up recently yelling 'Apple has changed' and we are 'still judging apple from the Steve Jobs years'. Hmmm I dont think anythings changed,a rotten apple Will always be rotten
12. Johnny_Mnemonic (Posts: 240; Member since: 05 Oct 2011)
And people who buy Apple products have a rotten brain. Jaja
11. gallitoking (Posts: 4684; Member since: 17 May 2011)
you can run Samsung but cannot hide...
18. remixfa (Posts: 13903; Member since: 19 Dec 2008)
you can post, but that doesnt make it relevant. :)
20. InspectorGadget80 (Posts: 6390; Member since: 26 Mar 2011)
gallitoking can never shut his mouth
13. stealthd (Posts: 950; Member since: 12 Jun 2011)
I always love the hilariously stupid responses these articles get. Phonearena's comically uninformed readership always seems to find a way to misconstrue the most mundane legal disputes into the next great evil committed by their least favorite company.
15. Galen20K (Posts: 512; Member since: 26 Dec 2008)
that's pretty ignorant a thing to say considering there are lots of people who admire Apple's products yet despise their shady and ridiculously monopolistic business practices. Sorry but not sorry.
14. VZWuser76 (Posts: 1344; Member since: 04 Mar 2010)
Just curious, but why would samsung need to turn over anything related to 4G. When this order started, Other than the soon to be released new ipad, apple has no 4G capable devices. And I agree with omega man, that an independent entity should be the one reviewing the source code, not the competition. And I would feel the same if Samsung were the one asking for the code. It just seems ridiculous to me to let a competitor look at something that is not for anyone's eyes outside their own company. How do you think that would go over if Coke was forced to hand over their formula to Pepsi, or KFC having to hand over their recipe to Popeyes. Just get an independent entity to come in and test. Make sure they're bound by an NDA so neither side's IP will be compromised. What's so hard about that?
17. Bluesky02 (Posts: 1439; Member since: 05 Dec 2011)
These lawsuits cost so much, i wonder how many losses they made