Samsung accused by Apple of only partially complying with judge's order
posted by Alan F. / Mar 12, 2012, 1:23 PM
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.
Posts: 12; Member since: Jun 25, 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.
posted on Mar 12, 2012, 1:49 PM 12
Posts: 14605; Member since: Dec 19, 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.
posted on Mar 12, 2012, 9:30 PM 2
Posts: 2315; Member since: Jul 30, 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].
posted on Mar 12, 2012, 2:23 PM 5
Posts: 100; Member since: Nov 16, 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...
posted on Mar 12, 2012, 2:45 PM 6
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.
posted on Mar 12, 2012, 3:04 PM 4
Posts: 1999; Member since: Sep 16, 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
posted on Mar 12, 2012, 3:15 PM 6
Posts: 4721; Member since: May 17, 2011
you can run Samsung but cannot hide...
posted on Mar 12, 2012, 4:48 PM 2
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.
posted on Mar 12, 2012, 6:06 PM 0
Posts: 4974; Member since: Mar 04, 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?
posted on Mar 12, 2012, 8:12 PM 4
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