Samsung ordered to show its new prototypes to Apple

Posted:
in iPhone edited January 2014
Samsung has been ordered by San Jose Federal Court judge Lucy Koh to provide Apple with samples of its unreleased tablets and smartphones as part of an ongoing patent dispute, allowing Apple to seek a timely motion of preliminary injunction.



Last week's ruling, reported by Courthouse News Service, came in response to a motion by Apple for expedited discovery, seeking early production of documents and witnesses.



Apple's case against Samsung claims that its competitor and component supplier had "designed products confusingly similar to Apple's iPad, iPod Touch and iPhone, and that the products use icons similar to those used by Apple," according to the report.



Without expressing an opinion on the merits of Apple's claims, the court acknowledged that "Apple has produced images of Samsung products and other evidence that provide a reasonable basis for Apple's belief that Samsung's new products are designed to mimic Apple's products."



Samsung now has 30 days to provide Apple's legal team with advance delivery of product samples and packaging of the yet unreleased Galaxy S2, Galaxy Tab 8.9, Galaxy Tab 10.1, Infuse 4G, and 4G LTE Droid Charge.



The judge did not agree to allow Apple to depose Samsung executives on the same accelerated schedule, stating that "to require Samsung to prepare for a deposition on such broad topics, and on such a tight timeline, would be unduly burdensome."



The advanced discovery is limited to "Outside Counsel Eyes Only," meaning that Apple's engineering staff and in-house legal team will not have access to the materials. Apple's legal team handling the suit will determine wether to file for an injunction blocking the devices from being sold.



Samsung has grown to become the most successful Android licensee, but its products and packaging have more closely copied Apple's than those of other Android makers, and other tablet and smartphone makers in general.



This January, Samsung announced a "digital hub" strategy that appeared closely patterned after Apple's own from 2001, except that Samsung put its own HDTVs in the center instead of Apple's iMac.



The company also unveiled new Galaxy Tab models intended to more closely rival the iPad, but when Apple released iPad 2, the company stated it would be 'improving the parts that are inadequate" on its new models to match Apple's design.



Samsung later released hardware tablet prototypes it claimed were thinner than iPad 2, although some reporters disputed the firm's claims.



After negations failed to resolve the contention between the two companies, Apple filed suit against Samsung, alleging trade dress and patent infringement. The group that designs Galaxy products within Samsung is separate from the groups that produce components for Apple, including RAM and the fabrication of Apple's A4 and A5 application processors used in the iPhone and iPad.





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Comments

  • splash-reversesplash-reverse Posts: 648member
    Thank goodness for discreet cameras Apple outside legal counsel :wink: :wink:
  • nkalunkalu Posts: 315member
    Good start.
  • evilutionevilution Posts: 957member
    Apple must be laughing long and loud over this. Then the laughing will be repeated when they get a go of these new products.
  • quadra 610quadra 610 Posts: 6,550member
    Finally.



    This couldn't have come soon enough.
  • sciwizsciwiz Posts: 77member
    Or Apple could just buy these at Amazon.com



    Galaxy S2, Infuse 4G, and Droid Charge are already in sale. S2 is available in Europe and Asia. Infuse 4G is out on AT&T and Droid Charge is out on Verizon LTE.



    They gave out Galaxy Tab 10.1 to all of Google I/O conference attendees.



    The only unreleased model is the Galaxy Tab 8.9, but that's just the 10.1 smaller in size and lighter in weight @ 1 lb.



    And within the 30days Samsung has to comply, the Tab 10.1 is being released to the general public on June 8th.
  • SpamSandwichSpamSandwich Posts: 24,232member
    Awesome. "Steve SMASH!"
  • asdasdasdasd Posts: 4,281member
    Dangerous precedent.
  • asciiascii Posts: 5,363member
    If Apple has shown a pattern (of copying), it is logical to assume the next gen will follow the pattern. They bought it on themselves.
  • muncywebmuncyweb Posts: 156member
    Yes!! Sue these posers now! I am so sick of all the lookalike products. Droid this and droid that, blah blah blah. Where were all these fully touch-screen smart phones prior to the iPhone? Oh yeah....there weren't any!!
  • bertpbertp Posts: 274member
    Quote:
    Originally Posted by AppleInsider View Post


    Samsung has been ordered by San Jose Federal Court judge Lucy Koh to provide Apple with samples of its unreleased tablets and smartphones as part of an ongoing patent dispute, allowing Apple to seek a timely motion of preliminary injunction.



    So, can Samsung reasonably ignore this court order? It appears that Samsung is behind the 8-ball.
  • cykzcykz Posts: 81member
    Quote:
    Originally Posted by asdasd View Post


    Dangerous precedent.



    I second that. This might backfire somewhere in the future, with a much larger loss for Apple.
  • battiato1981battiato1981 Posts: 201member
    Total rip off by a fab partner ...



    Shut 'em down and make them pay for damages ...
  • asciiascii Posts: 5,363member
    Quote:
    Originally Posted by BertP View Post


    So, can Samsung reasonably ignore this court order? It appears that Samsung is behind the 8-ball.



    Nobody can ignore a court order, ever, not even the President.
  • bertpbertp Posts: 274member
    Quote:
    Originally Posted by ascii View Post


    Nobody can ignore a court order, ever, not even the President.



    I know?Samsung better get an appeal going quick!
  • quadra 610quadra 610 Posts: 6,550member
    Quote:
    Originally Posted by asdasd View Post


    Dangerous precedent.



    This does not set any precedent. The precedent for this was set years ago with auto manufacturers.



    Second, Apple is not in the business of blatant rip-offs to the degree that trade dress is involved, certainly not to Samsung's degree, so they have little to worry about in the future. It's usually *everyone else* that's left looking guilty. So let's not forget Apple's modus operandi.
  • mstonemstone Posts: 11,510member
    Quote:
    Originally Posted by ascii View Post


    Nobody can ignore a court order, ever, not even the President.



    You can ignore it if you want your containers seized at customs and your retail chain partners to get their stores locked down and searched during business hours, fined and have your USA headquarters raided by the feds. Not really a viable option.
  • tbelltbell Posts: 3,146member
    Yes, I know Samsung has set a dangerous precedent for itself so blatantly stealing Apple's designs. I don't get it either, as Samsung makes some really nice TV's. I can't think of Apple every mimicking the design of anybody else. Sometimes that is a bad thing, like with the hockey puck mouse.



    Quote:
    Originally Posted by asdasd View Post


    Dangerous precedent.



  • gatorguygatorguy Posts: 14,491member
    I don't see any reason why they'd want to avoid it, and no way they'd ignore a judge's order anyway. Samsung says the infringement claims are without merit, so might as well get on with it.
  • brucepbrucep Posts: 2,823member
    Quote:
    Originally Posted by TBell View Post


    Yes, I know Samsung has set a dangerous precedent for itself so blatantly stealing Apple's designs. I don't get it either, as Samsung makes some really nice TV's. I can't think of Apple every mimicking the design of anybody else. Sometimes that is a bad thing, like with the hockey puck mouse.



    Samsung is a very large company,

    one division must of gotten loose and crazy .





    I am tired of all this all these lawsuits.

    I guess thats the world now .





    9
  • christopher126christopher126 Posts: 3,418member
    Quote:
    Originally Posted by MuncyWeb View Post


    Yes!! Sue these posers now! I am so sick of all the lookalike products. Droid this and droid that, blah blah blah. Where were all these fully touch-screen smart phones prior to the iPhone? Oh yeah....there weren't any!!



    Check your meds...but I generally, agree!



    Best
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