Samsung files motion to see Apple iPhone 4S/5 and the Apple iPad 3

Samsung files motion to see Apple iPhone 4S/5 and the Apple iPad 3
Add Samsung's outside lawyers to the list of people just dying to get a look at the unannounced Apple iPhone 4S/5 and the Apple iPad 3. Friday night, lawyers for the Korean based firm filed a motion with the U.S District Court in the Northern District of California, seeking, "a sample of the commercial version of the next generation of iPhone that Apple will release, whether that product will be known as the iPhone 4S, iPhone 5 or some other name..." Samsung also demands to see the retail packaging and inserts that will come with it. Samsung's legal crew also wants the court to order Apple to deliver the same information, including a sample, for the also unannounced Apple iPad 3. You might recall that last month, we reported that Apple was suing Samsung over similarities between Apple's iPhone and Samsung's Galaxy line of handsets.

Samsung is requesting to see the Apple iPhone 4S/5 and the Apple iPad 3 as part of the discovery process. The Korean firm claims that because the Samsung DROID Charge and the Samsung Galaxy Tab 10.1 will most likely still be available to consumers at the same time that the iPhone 4S/5 and iPad 3 will be in the marketplace, Sammy's legal team wants to evaluate the similarities between the Apple products and those manufactured by Samsung. This way, the latter can prepare itself for future legal action from Apple.

Based on internet reports that such products exist, Samsung is seeeking by June 13th, "the final, commercial versions" of the next-generation iPhone and iPad and their respective packaging, so it can determine if people will be confused between Samsung and Appleā€™s future products. If Apple cannot turn over a final version, Samsung wants them to turn over, "the most current version of each to be produced instead." And to prevent corporate espionage, only Samsung's outside lawyers will be allowed to examine the Apple iPhone 4S/5 and the Apple iPad 3.

Just the other day, Samsung was ordered to turn over to Apple, pre-production versions of the Droid Charge, Infuse 4G, Galaxy S II,  and Galaxy Tab 10.1 and 8.9. The Cupertino based firm will look at the samples to see if these devices should be added to Apple's current patent infringement suit against Samsung, and also to see if Apple should file a motion to try to block these products from being sold in the market. The court sided with Apple's request to see these products because photos and review units have already been disseminated except for the Galaxy Tab 8.9. In that case, however, the tablet was announced in March and has been seen on video.

The court imposed one restriction on Apple-the same one that Samsung must follow when looking at Apple's unannounced devices. Only Apple's outside lawyers can look at the pre-production hardware. No Apple employee is allowed to look at Samsung's pre-release products. Considering that most of these products are available now, the surprise would have been had the court refused Apple's request.

source: Thisismynext via Engadget



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20 Comments

2. coria791

Posts: 21; Member since: Jun 12, 2010

I know im sick of them always being the perfect company always suing people give them a break I like to see Samsung sue apple

5. SuperAndroidEvo

Posts: 4888; Member since: Apr 15, 2011

Hey it's only fair that Samsung does this. Apple is going crazy with all these lawsuits. Now they can get a taste of their own medicine. I hope that all this exchange of information/products will lead to an even greater final product. Ultimately we will win down the line, only great products will result from this.

6. clevername

Posts: 1436; Member since: Jul 11, 2008

Kudos. I completely agree. Very well said.

27. downphoenix

Posts: 3165; Member since: Jun 19, 2010

completely agree. Apple overstepped its bounds, if the courts dont comply with Samsung it will confirm that the courts are Apple fanboys.

9. AndroidTroll

Posts: 359; Member since: Mar 05, 2011

I hope Google sues Apple once they find out that the widgets and notification system in iOS 5 is a direct copy of Android OS.

15. Lucas777

Posts: 2137; Member since: Jan 06, 2011

haha why wud apple directly copy android? they didnt do it with multitasking or copying and pasting...

18. Sniggly

Posts: 7305; Member since: Dec 05, 2009

And the result is shittier design choices. Same with the antenna design, which they clearly didn't copy from anyone else. And look where that got them.

22. taco50

Posts: 5506; Member since: Oct 08, 2009

So you think Apple should copy other products? Is there anything Apple can do that you don't hate? Apple is the trend setter right so to an extent everyone is copying them. Samsung has just been blatant about it.

24. AndroidTroll

Posts: 359; Member since: Mar 05, 2011

When iPhone was first released Apple set the trend. However, they are no longer the trend setter because they are too slow to market. Case in point: No dual core phone, no turn by turn navigation, and no widgets yet. I could list more but you get the point ;)

25. Sniggly

Posts: 7305; Member since: Dec 05, 2009

No, I'm bashing them for making stupid design choices just to be contrary. Their choices in regards to customization, Widgets, notifications, and most glaringly, antenna design have been relatively poor. I don't bash them for what they do right (aesthetically pleasing, good graphics, smooth operation, marketing so good they have a religious cult like following that hates all things non Apple-hint, hint) but I'm allowed to comment on what they do wrong. I wasn't so much a fan of the original Galaxy S line anyway. The Captivate was sweet, but the rest didn't strike me as anything special, especially the Fascinate. And on the S phones like the Fascinate I could see the similarities to the iPhone. But I'll be damned if I ever meet anyone who's enough of a fucking numbskull that they'll mistake one for the other.

3. Bob unregistered

Wish the would all just focus make great products instead of wasting time suing each other. People will buy the better product.

19. Sniggly

Posts: 7305; Member since: Dec 05, 2009

Apple's success is a very compelling argument that people don't always buy the better product.

7. RORYREVOLUTION

Posts: 3131; Member since: Jan 12, 2010

Apple needs to worry more about making their products better than trying to sue their competition into fear of making better products. Funny how apple didn't care when sanding had phones like the instinct and how much it was "like the iphone" but now there is much better products out there apple wants to sue.

11. protozeloz

Posts: 5396; Member since: Sep 16, 2010

Don't know much about patterns and stuff but i think is fair that Samsung lawyers get to see the devices they will be fighting against the only ting I hate about legal mitigations with apple is that most aren't looking for some royalties from the loosing part but removal from the market...... Its not that good for competition.... while getting money from your competitor successes sounds better. but thats just me

13. Sniggly

Posts: 7305; Member since: Dec 05, 2009

LOL. Good one, Samsung. Well played.

16. Lucas777

Posts: 2137; Member since: Jan 06, 2011

how? i doubt they will get it... i am surprised they even gave the samsung items to apple in the firstplace... this just seems desperate and unnecessary... honestly, how do they expect seeing apples future products will prevent against lawsuits by apple about current products...

17. Sniggly

Posts: 7305; Member since: Dec 05, 2009

If they know what Apple's designs will be prior to launch they will be able to ensure that their own future designs avoid looking too similar to Apple's. Though Apple's design is so freaking minimalistic it's hard not to come upbwith something superficially similar.

23. remixfa

Posts: 14605; Member since: Dec 19, 2008

the problem is, that if apple wins on any of this, they will go after pretty much everyone because they will have precidence. hate to say it, but most of the tablets look very similar to each other. Apple is playing a dangerous game with the market place which could result in stifling competition. Of course, thats what THEY want, but as consumers, its only bad for us. In the end, i think its stupid. If you cant turn the device on and instantly go "thats apple" or "thats android" at this point, then your an idiot. I realize not everyone is in to tech but probably 70% of the people in your life have one or the other.. u should have seen them by now.

20. ken unregistered

this is a pointless game that only laywers are sole winners

28. Marina unregistered

You have really interesting blog, keep up posting such informative posts!

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