Topic: Hardware

Samsung: Our lawyers should get to see iPhone 5/iPad 3

Summary: The legal battle between Apple and Samsung just racketed up a few notches as Samsung's legal team file a motion to get their hands on samples of Apple's upcoming iPhone 5 and iPad 3.

By Adrian Kingsley-Hughes for Hardware 2.0 | May 29, 2011 -- 02:59 GMT (19:59 PDT)

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The legal battle between Apple and Samsung just racketed up a few notches as Samsung's legal team file a motion to get their hands on samples of Apple's upcoming iPhone 5 and iPad 3.

This follows a similar demand from Apple a few days ago for Samsung to hand over samples fo upcoming products such as the Droid Charge, Infuse 4G, Galaxy S II, and Galaxy Tab 10.1 and 8.9.

Here's the meat from the motion:

STATEMENT OF ISSUES TO BE DECIDED

1. Whether Samsung is entitled to samples of the next generation iPhone and iPad, as well as those products' packaging and packaging inserts, in order to prepare its defense against any preliminary injunction motion brought against Samsung by Apple for trademark or trade dress infringement.

...

SAMSUNG'S CIVIL L.R. 37-2 STATEMENT

Pursuant to Civil L.R. 37-2, Samsung's reciprocal expedited discovery requests to Apple are set forth in full below:

1) a sample of the final, commercial version of the next generation iPhone that Apple will release, whether that product will be known as the "iPhone 4S," "iPhone 5," or some other name, along with the final version of the packaging in which this product will be delivered to retail customers and a final version of the insert(s) that will be included within such packaging; and

2) a sample of the final, commercial version of the next generation iPad that Apple will release, whether that product will be known as the "iPad 3," "Third Generation iPad," or some other name, along with the final version of the packaging in which this product will be delivered to retail customers and a final version of the insert(s) that will be included within such packaging.

Apple has objected/responded to Samsung's requests as follows:

This lawsuit is about Samsung's unlawful copying of Apple's trademarks, trade dress, design and utility patents. This valuable intellectual property is embodied in products that Apple currently has on the market. A preliminary injunction motion will be based on Apple's current intellectual property rights, not on future products. Because Apple's future products have no relevance to a preliminary injunction motion, we reject your request that Apple provide samples of such future products.

It's important to note that Samsung wouldn't get to see the iPhone 5 and iPad 3, only its lawyers.

So, how does Samsung know that the iPhone 5 and iPad 3 are incoming? It doesn't. It's making these claims based on 'internet reports and Apple's past practice' - so in other words, the rumor mill.

Motion here [PDF]

Topics: Hardware, iPhone, Mobility, Samsung, Smartphones

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64 comments

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Jediguardian
29 May, 2011 03:26

Reply Vote
- Why?
 
 @Jediguardian
 Then no one would have Apple to copy and we'd be right back to the usual crappy products built only to appeal to those with thin wallets....
 
 Mikael_z
 29 May, 2011 04:07
 
 Reply Vote
 - Need to brag much? (nt)
 
 @Mikael_z
 
 NT
 
 Economister
 29 May, 2011 06:02
 
 Reply Vote
 - RE: Samsung: Our lawyers should get to see iPhone 5/iPad 3
 
 @Mikael_z
 
 You sound like the perfect fit for Apple. Your nose is so high in the sky you must think your better then all of us. Well I hate to rain in on your parade but the other OEMs have caught up and are about to look in the rearview at you and Apple.
 
 Rob.sharp
 1 June, 2011 16:35
 
 Reply Vote
- heaven above
 
 @Jediguardian
 let's see: samsung now wants to get access to future apple products to be able to copy them even faster. priceless.
 
 bannedfromzdnet
 29 May, 2011 04:31
 
 Reply Vote
 - RE: Samsung: Our lawyers should get to see iPhone 5/iPad 3
 
 @bannedfromzdnet
 have u read.."This follows a similar demand from Apple a few days ago for Samsung to hand over samples fo upcoming products such as the Droid Charge, Infuse 4G, Galaxy S II, and Galaxy Tab 10.1 and 8.9."
 
 pinkfloydhighhopes
 29 May, 2011 04:51
 
 Reply Vote
 - RE: Samsung: Our lawyers should get to see iPhone 5/iPad 3
 
 @pinkfloydhighhopes
 
 I think you will find it is quite different. Apple is asking to see products that are all ready announced and has named them by model. Samsung is asking to see products that may or may not even exist. Apple has at no time (that I can think of) mentioned iPad 3 or iPhone 5. Samsung do not even know the names of the said products, I quote.
 
 "a sample of the final, commercial version of the next generation iPhone that Apple will release, whether that product will be known as the ?iPhone 4S,? ?iPhone 5,? or some other name..." and,
 
 "a sample of the final, commercial version of the next generation iPad that Apple will release, whether that product will be known as the ?iPad 3,? ?Third Generation iPad,? or some other name..."
 
 Oh yeah, there is a big difference.
 
 A Grain of Salt
 29 May, 2011 05:03
 
 Reply Vote
 - There is no difference as just because they have not announced a name
 
 @A Grain of Salt
 does not indicate that a product does not exist. Many an item continues through it's product developement before a suitable name is chosen for it before it's release.
 :|
 
 Tim Cook
 29 May, 2011 05:51
 
 Reply Vote
 - Big difference....
 
 Did we forget how we got here? Apple sues Samsung for blatantly cloning Apple's iPhone and iPad's design and design elements, even down to the packaging (trade-dress). A judge then ruled (after Apple requested it) that Samsung should hand over prototypes of the Droid Charge, Galaxy Tab 8.9, Galaxy Tab 10.1, Infuse 4G and Galaxy S 2 to Apples lawyers for evaluation in regards to the lawsuit. Samsung counter sued Apple claiming they infringe on 10 of their patents. And in one of the most silliest request I've ever heard off from any company, they're asking to see Apple's future unreleased products so it can evaluate whether they'll be confusion between Samsung and Apples future products. This one should get a few laughs in the courtrooms. Unlike Apple's request, this one have nothing to do with Samsung's patent infringement case against Apple. Just an emotional response because Apple was granted rights to their current and upcoming prototype for their case. <a href="http://www.macstories.net/news/samsungs-lawyers-ask-apple-to-see-iphone-5-and-ipad-3/" target="_blank" rel="nofollow"><a href="http://www.macstories.net/news/samsungs-lawyers-ask-apple-to-see-iphone-5-and-ipad-3/" target="_blank" rel="nofollow"><a href="http://www.macstories.net/news/samsungs-lawyers-ask-apple-to-see-iphone-5-and-ipad-3/" target="_blank" rel="nofollow"><a href="http://www.macstories.net/news/samsungs-lawyers-ask-apple-to-see-iphone-5-and-ipad-3/" target="_blank" rel="nofollow">http://www.macstories.net/news/samsungs-lawyers-ask-apple-to-see-iphone-5-and-ipad-3/</a></a></a></a>
 
 dave95.
 29 May, 2011 06:29
 
 Reply Vote
 - RE: Samsung: Our lawyers should get to see iPhone 5/iPad 3
 
 @A Grain of Salt
 i found no difference. Probably the fans of apples crappy product can find
 
 pinkfloydhighhopes
 29 May, 2011 07:01
 
 Reply Vote
 - RE: Samsung: Our lawyers should get to see iPhone 5/iPad 3
 
 @bannedfromzdnet Actually Samsung was the first Touchscreen Multi-media convergence phone out in 2006 w/ SGH-Z610 w/ dual cameras no less. One for video calling, that was then available only in Europe and Asia. Even though AT&T did introduce their one way video calls then. This is why Samsung being able to see future Apple products relates. To see if Apple has once again copied Samsung's SGH-Z610 and also the 2008 fully touchscreen Q1 (Origami Original Tablet PC) here:
 http://www.mblast.com/files/companies/126343/Logo/JPEG/61436.ny1.jpg
 
 It's obvious that original iPhone was a direct copy of Samsung's Touchscreen Multi-media phone, the first in the industry w/ gesture controls and a front facing camera to ever go on sale to the public:
 http://forums.macgeneration.com/peripheriques-et-accessoires/samsung-sgh-z610-149248.html
 
 So in reality, who copied who?
 
 KronJohn
 29 May, 2011 10:19
 
 Reply Vote
 - RE: Samsung: Our lawyers should get to see iPhone 5/iPad 3
 
 @bannedfromzdnet
 precisely, that too legally.
 
 Ram U
 29 May, 2011 10:19
 
 Reply Vote
 - RE: Samsung: Our lawyers should get to see iPhone 5/iPad 3
 
 @KronJohn In the case of the iPad it is a copy of another Apple product the iPod - it's just a larger scale version. And it is the evolution of an even earlier product the Apple Newton which predates
 
 As for who copied who, let's look at a timeline: iPhone first... Jobs unveiled the iPhone to the public on January 9, 2007 at the Macworld 2007 convention at the Moscone Center in San Francisco. The iPhone went on sale in the United States on June 29, 2007. Now let's look at the Samsung SGH-Z610... how odd, I am unable to find a release date online for this device. But okay let's go with sometime in 2006... so Apple was able to copy this and release a product that looks not one damned thing like it... Yup, you sure proved your point there Nancy!
 
 athynz
 29 May, 2011 21:14
 
 Reply Vote
- Samsung can countersue for the same
 
 @dave95.
 
 "Did we forget how we got here? Apple sues Samsung for blatantly cloning"
 
 Blatantly and allegedly are two different words.
 
 " And in one of the most silliest request I've ever heard off from any company, they're asking to see Apple's future unreleased products"
 
 It is called a counter claim. There may be many reasons for this. One of which is to ascertain whether Samsung has a valid counter claim in the event that Apple stole elements from the Samsung. As hard as it is to believe, Apple is not a sainted organization.
 
 "Unlike Apple's request, this one have nothing to do with Samsung's patent infringement case against Apple."
 
 Maybe it does. Maybe it is a strategic move. Let's see how the court filings play out.
 
 Your Non Advocate
 29 May, 2011 08:04
 
 Reply Vote
 - RE: Samsung: Our lawyers should get to see iPhone 5/iPad 3
 
 @facebook@... what Adrian fails to make clear is that Samsung has already been ordered by the courts on May 18 to to fork over five of its not-yet-released mobile phones to Apple. So that part of your speculation is moot.
 
 "The judge gave Samsung 30 days to hand over product samples, packaging, and package inserts to the Galaxy S2, Galaxy Tab 8.9, Galaxy Tab 10.1, Infuse 4G, and 4G LTE or ?Droid Charge.??
 
 The Samsung counter to see Apple's new products is probably posturing as you suggest.
 
 CowLauncher
 29 May, 2011 09:57
 
 Reply Vote
 - Samsung already countersued Apple.
 
 @facebook@... 1) Apple sued Samsung on April 18th for infringements and trade dress. 2) Samsung countersued Apple on April 22th for infringement of their patents. 3) On April 24th, a Judge grants Apple (lawyers) access to Samsung's devices for their case against Samsung. Devices that's currently shipping and already announced btw. 4) May 28th, Samsung gets loony and ask for final commercial versions of the next-generation iPhone(5) and iPad and their packaging by June 13, so it can evaluate whether theyll be confusion between Samsung and Apples future products. This request by Samsung have nothing to do with number (2), their counter-claim infringement case against Apple. Where as Apple's (3) is part of their patent and trade dress suit against Samsung. This request imo by Samsung have no merit but sure the courts will decide.
 
 dave95.
 29 May, 2011 15:16
 
 Reply Vote
 - RE: Samsung: Our lawyers should get to see iPhone 5/iPad 3
 
 @facebook@... Samsung's lawyers need to go further than counterclaiming... they need to one-up-claim! They should file a motion demanding to get to personally inspect Steve Jobs, his packaging (turtlenecks), and any packaging inserts.
 
 jgm@...
 31 May, 2011 11:14
 
 Reply Vote
 - RE: Samsung: Our lawyers should get to see iPhone 5/iPad 3
 
 @facebook@... [i]It is called a counter claim. There may be many reasons for this. One of which is to ascertain whether Samsung has a valid counter claim in the event that Apple stole elements from the Samsung.[/i]
 Based on your reasoning without any evidence (at least none presented) it would be reasonable for Apple to request samples of every future phone or tablet product offering Samsung might ever have so they can check to see if Apple might have some legal claim? What Apple is requesting and was granted is a look at already announced and soon to be released Samsung products, very different.
 
 non-biased
 3 June, 2011 13:22
 
 Reply Vote
They will never see the iPhone 5, even in their dreams...

Samsung will eventually learn that you can't copy innovation, nor can you ask to preview the iPhone 5 which will most likely drive circles around Samsungs clunker devies. What a hysterical request.

meemreshperio
29 May, 2011 04:13

Reply Vote
- RE: Samsung: Our lawyers should get to see iPhone 5/iPad 3
  
  @meemreshperio
  
  Especially when Samsung made most of the componants of said Apple products.
  
  kg4icg
  29 May, 2011 05:27
  
  Reply Vote