Apple Responds to Samsung's Request to See iPhone 5 and iPad 3
Posted 06/14/2011 at 6:49pm
| by Matthew Tilmann
To refresh your memory, late last month Samsung had attempted to speed up its patent rumble with Apple by trying to request to see Apple's next-generation iPhone and iPad models, which they felt would help them defend itself from Apple's charges of copying, infringement, etc. Apple fired back to today, having filed a response that claimed Samsung's move had been an "improper attempt to harass."
Samsung's request had come after Apple had previously requested and was given access to unreleased Samsung hardware, however that hardware had already been largely advertised and demoed by Samsung.
According to Apple's filing, they feel Samsung's request holds no relevance to Apple's claims against Samsung:
Samsung's Motion to Compel is an improper attempt to harass Apple by demanding production of extremely sensitive trade secrets that have no relevance to Apple's likelihood of success on its infringement claims or to a preliminary injunction motion. Apple made a compelling showing in its motion to expedite discovery that Apple needs samples of products that Samsung has already announced, distributed, and described, so that Apple can evaluate whether to file a preliminary injunction motion against those products, which look strikingly similar to the distinctive trade dress of Apple's current products. Samsung has made no such showing about Apple's future products. Therefore, Samsung's Motion to Compel should be denied.
The battle will continue this Friday, which is the date Samsung has until to produce samples of unreleased hardware to Apple, where Apple will then decide whether to move forward with a preliminary injunction barring Samsung from selling the new products. Such a move would give Apple a huge leg up in obtaining a settlement from Samsung. We should also see whether or not Samsung will gain access to Apple's next-generation products.
via MacRumors
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