Samsung Ordered To Show Apple Unreleased Phones & Tablets; Samsung Files Motion To See iPhone 5 And iPad 3

News | Friday May 27 2011 5:40 PM | Comments (0) Tags: , , , , , , , , , ,

In April,
. Samsung counter sued
. We knew that it was not the last we had heard about the Apple /Samsung lawsuit saga, but we never thought that it would take such a twist.
Few days back, a federal judge has ordered Samsung to handover samples of five of their unreleased, but allegedly infringing phones and tablets to Apple so that it could determine if it would like to seek an early injunction.
Samsung Electronics was told Wednesday to fork over five of its not-yet-released mobile phones to Apple . Sitting in Federal Court in San Jose, Judge Lucy Koh ruled that Apple deserves the quick production of cell phone samples three months earlier than usual in the litigation process, though she drew the line at requiring testimony from Samsung executives.
Apple has demonstrated good cause for some, limited expedited discovery,” said Koh. “While Apple has not yet filed a motion for preliminary injunction, courts have found that expedited discovery may be justified to allow a plaintiff to determine whether to seek an early injunction,” said Koh.
The devices in question are Galaxy S2, Galaxy Tab 8.9, Galaxy Tab 10.1, Infuse 4G, and Droid Charge.
reports that Samsung has fired back, it has filed a motion on Friday night demanding Apple to handover samples of
and iPad 3 to expedite the discovery process.
Samsung doesn’t actually know Apple is planning to release a new iPhone or iPad; the motion is based on “internet reports” and “Apple ’s past practice.” Obviously this is a critical difference between Apple ’s request and Samsung’s — Samsung had already disclosed its new products, and Apple didn’t ask for anything that wasn’t already announced.
Samsung says it has to see the next-gen iPhone and iPad because it believes those are the products that will actually be on the market against future Samsung devices, so it has to be prepared for Apple ’s potential motion for a preliminary injunction. That’s kind of a stretch: Apple can’t really file for a preliminary injunction based on potential confusion with unannounced, unreleased products, so Apple ’s lawyers will almost certainly focus on confusion with the company’s existing products.
believes that by filing a motion, Samsung is taking a gamble for additional leverage.
It will be interesting to see Apple ’s next move. Any guesses?
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