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Samsung files motion to see Apple's next iPhone and iPad

post #1 of 126
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Samsung has fired back at Apple with a motion that would require the company to turn over advance copies of the "final, commercial versions" of the company's unannounced next-generation iPhone and iPad by June 13, 2011.

Apple and Samsung are locked in a heated dispute over whether Samsung's mobile devices copy the look and feel of the iPhone, iPad and iPod touch. In April, Apple filed a patent suit against its rival, alleging that Samsung "chose to copy Apple's technology, user interface and innovative style," rather than innovate and develop its own technology.

Within days, Samsung responded in kind with its own patent suits against Apple. "Samsung is responding actively to the legal action taken against us in order to protect our intellectual property and to ensure our continued innovation and growth in the mobile communications business," the company said in a statement.

Samsung's latest salvo comes in response to a similar motion by Apple for "expedited discovery" of the South Korean electronics maker's announced but unreleased products. On Tuesday, a San Jose Federal Court judge ruled in favor of Apple, ordering Samsung to provide prototypes of its devices within 30 days.

However, the judge stipulated that only outside counsel can have access to the devices, not Apple's in-house legal team or engineering staff. Samsung is required to provide product samples for the Galaxy S2, Galaxy Tab 8.9, Galaxy Tab 10.1, Infuse 4G, and 4G LTE Droid Charge.

This is my next reports that Samsung's motion requests to see "a sample of the final, commercial version of the next generation iPhone that Apple will releases, whether that product will be known as the "iPhone 4S." iPhone 5," or some other name," along with a sample of the next-generation iPad.

Though Apple has yet to announce a new version of the iPhone, Samsung based its motion on "internet reports" and "Apple's past practice." Thus, Apple's motion for expedited discovery differs from Samsung's in that it only covered products that had already been announced.

Samsung has asked for the samples by June 13, 2011. If the final versions of the devices aren't yet available, Samsung wants "the most current version of each to be produced instead." According to the motion, Samsung would abide by the same limitations as in Apple's motion, with access to the devices limited to its legal team.

The motion claims that Samsung needs to see Apple's future products in order to prepare for a potential motion for a preliminary injunction from the company. According to the report, Apple told Samsung earlier this week that any potential motion for a preliminary injunction "would be based on products Apple currently has in the market."

Samsung argues that it needs to prepare for the products that will actually be in the market when Apple files the motion, since Apple often discontinues its previous products after launching a newer version. The motion also appeals to "fundamental fairness" as a reason for Apple to provide prototypes of its devices.

The legal battle between the two companies is particularly tense because Apple was Samsung's second-largest client in 2010, behind only Sony. Last year, Apple reportedly accounted for $5.68 billion, or 4 percent, of Samsung's $142 billion in revenue.

During Apple's most recent quarterly earnings call, COO Tim Cook acknowledged that, despite the suit, Samsung remains a valuable partner in supplying components. "We felt the mobile communication division of Samsung had crossed the line, and after trying for some time to work out the issue, we decided we needed to rely on the courts," Cook said.

post #2 of 126
Basically Samsung is saying: "Let us get an earlier start on cloning your IP Apple. We are too stupid to do anything on our own and need you to show us how to make phones and tablets."
post #3 of 126
What's Samsung valued at?

Would it be totally bad business for Apple to just buy them? Just an idea.
post #4 of 126
So, in order to prove that they don't copy everything Apple does, Samsung copies Apple's legal maneuvers. Go figure.
"I'm way over my head when it comes to technical issues like this"
Gatorguy 5/31/13
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"I'm way over my head when it comes to technical issues like this"
Gatorguy 5/31/13
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post #5 of 126
Quote:
Originally Posted by frankie View Post

What's Samsung valued at?

Would it be totally bad business for Apple to just buy them? Just an idea.

Just think of the additional Foxconn suicides this would cause. Oh the humanity!

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post #6 of 126
Gees! Apple don't do it. Samsung wants to get some more ideas and copy some more since they can't come up with something original and innovative.
post #7 of 126


Quote:
What's Samsung valued at?

Would it be totally bad business for Apple to just buy them? Just an idea.

Samsung actually has higher revenue then Apple.
post #8 of 126
This is just silly legal posturing.

The court will -- rather, should -- throw it out.
post #9 of 126
highly likely samsung already know the design of iphone 5.

this is just a strategic move that, if granted by the court, they can use for their settlement negotiation.

why do people always think apple is revolutionary when they are mere evolutionary.

just because apple pioneered the market does not mean that they can own everything in the market.

the court is likely to dismiss this motion, however; this is pretty much irrelevant to the issue at hand.
post #10 of 126
Quote:
Originally Posted by AppleInsider View Post

Samsung has fired back at Apple with a motion that would require the company to turn over advance copies of the "final, commercial versions" of the company's unannounced next-generation iPhone and iPad by June 13, 2011.

So where was the motion by Samsung filed? In the San Jose Federal Court? Samsung has countersued in multiple countries.

I have wondered if Samsung, as a manufacturer, thinks it is in the drivers seat with regard to fabless clients like Apple.

Nullis in verba -- "on the word of no one"

 

 

 

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Nullis in verba -- "on the word of no one"

 

 

 

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post #11 of 126
It doesn't make sense. Apple is accusing them of copying. How could they have copied products they haven't seen yet? Apple are accusing them of copying their current products, and that is all they need to see to defend themselves.
post #12 of 126
Quote:
Originally Posted by ascii View Post

It doesn't make sense. Apple is accusing them of copying. How could they have copied products they haven't seen yet? Apple are accusing them of copying their current products, and that is all they need to see to defend themselves.

This counter suit started because Apple demanded to see their as-of-yet unreleased products like the Galaxy S II, Galaxy Tab 10.1, and Galaxy Tab 8.9 products.

All these products are NOT ON THE MARKET YET. The same can be said of the iPhone 5 and the iPad 3. The only difference is that the Apple's products just wasnt ANNOUNCED.

What Samsung is requesting is the same request made by Apple in the first request.

An eye for an eye to be fair.

Dont blame it on Samsung.

It's Apple who started the petition to request future products to be viewed by their appropriate lawyers.


On another thought, it looks as if both companies are not going to settle out of court. I hope I see this battle to the end. This is going to be fun. Popcorn at the ready.

Quote:
Originally Posted by frankie View Post

What's Samsung valued at?

Would it be totally bad business for Apple to just buy them? Just an idea.



Samsung is just too big to gobble up.

Its a conglomerate that produces 25% of the entire GDP of South Korea.

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"Like I said before, share price will dip into the $400."  - 11/21/12 by Galbi

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post #13 of 126
Quote:
Originally Posted by Galbi View Post

What Samsung is requesting is the same request made by Apple in the first request.

I know that, but it still doesn't make sense. Apple have shown a pattern of Samsung copying their products. Since there is a pattern, it is quite reasonable of Apple to ask to see the next gen too. But at no time has Apple accused them of copying their future products, which is impossible. Apple has a rational basis for asking to see Samsung's next gen, but Samsung has no rational basis for asking to see Apple's next gen.
post #14 of 126
Quote:
Originally Posted by jragosta View Post

So, in order to prove that they don't copy everything Apple does, Samsung copies Apple's legal maneuvers. Go figure.

That's actually pretty funny!!!
post #15 of 126
Quote:
Originally Posted by smitty5569 View Post


Samsung actually has higher revenue then Apple.

smitty, have you read the facts about that image? (and how inaccurate it is):

http://www.appleinsider.com/articles...ung_first.html
post #16 of 126
Quote:
Originally Posted by Rothgarr View Post

smitty, have you read the facts about that image? (and how inaccurate it is):

http://www.appleinsider.com/articles...ung_first.html

If you hadn't posted the link, I would have. Hard to stomp out a lie, ain't it?
post #17 of 126
Quote:
Originally Posted by smitty5569 View Post





Samsung actually has higher revenue then Apple.

The picture above is plainly misleading. The F700 was announced, but now shown, in 2006. At the 2006 show, Samsung phones looked quite a bit like Nokia's. It's a wonder that Nokia did not sue them. The F700 was first shown a month after the iPhone. http://www.networkworld.com/communit...ng-not-so-much

Samsung
post #18 of 126
Quote:
Originally Posted by smitty5569 View Post

Samsung actually has higher revenue then Apple.

I suspect you do not know about market capitalization.
post #19 of 126
Quote:
Originally Posted by Rothgarr View Post

smitty, have you read the facts about that image? (and how inaccurate it is):

http://www.appleinsider.com/articles...ung_first.html

Quote:
Originally Posted by Mister Snitch View Post

If you hadn't posted the link, I would have. Hard to stomp out a lie, ain't it?

Me three
post #20 of 126
Well, Samsung does need to see what to copy i guess.
post #21 of 126
(Deleted)
post #22 of 126
Quote:
Originally Posted by rothgarr View Post

smitty, have you read the facts about that image? (and how inaccurate it is):

http://www.appleinsider.com/articles...ung_first.html

+1 .
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post #23 of 126
nice, you guys made smithy look like a right tit. should have checked the facts before posting crap
post #24 of 126
it's time for apple to cut samsung loose. the samsung manufacturing arm is much easier to replace than the apple technical and selling machine. samsung can try and replace apple with droid.

there is a quality chip and display company on virtually every corner. every supplier, worldwide, would love to displace samsung as a component supplier.

and apple has the cash to do it. samsung may have large sales, but their net cash and net profits are in a different and much lower world than apple.
post #25 of 126
Quote:
Originally Posted by bullhead View Post

Basically Samsung is saying: "Let us get an earlier start on cloning your IP Apple. We are too stupid to do anything on our own and need you to show us how to make phones and tablets."

They are asking that their lawyers only would see the products, as a counter to that notion.

However, I can't really see a judge allowing it. Apple's lawyers are being allowed to see the products because they could be evidence of a blatant and continuous practice of copying Apple's trade dress. Samsung is suing for patent violations on tech in the existing phones. Seeing the new products really has nothing to do with their case. Now if they were to ask to be allowed to have iOS 5 examined to see if the offending tech was included that would be different


Quote:
Originally Posted by ascii View Post

It doesn't make sense. Apple is accusing them of copying. How could they have copied products they haven't seen yet? Apple are accusing them of copying their current products, and that is all they need to see to defend themselves.

Yes and no. Apple's argument is that Samsung has made a definite practice of copying Apple's "Look and Feel" (which can and is trademarked). The judge is allowing their lawyers to see the not yet released products because if they look highly similar to Apple products that adds to the weight of the notion that it is a firm practice and not an accident.

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post #26 of 126
Surely no one expects Apple to show Samsung's lawyers what it has planned for the future just so Samsung's lawyers can safely defend their client. I doubt Apple's lawyers have any idea what the iPhone 5 and iPad 3 will be like. Heck, I bet only a handful of people at Apple have a clue of the entire device.

Quote:
Originally Posted by Galbi View Post

This counter suit started because Apple demanded to see their as-of-yet unreleased products like the Galaxy S II, Galaxy Tab 10.1, and Galaxy Tab 8.9 products.

All these products are NOT ON THE MARKET YET. The same can be said of the iPhone 5 and the iPad 3. The only difference is that the Apple's products just wasnt ANNOUNCED.

What Samsung is requesting is the same request made by Apple in the first request.

An eye for an eye to be fair.

Dont blame it on Samsung.

1) Who else should be blame for Samsung wanting to see Apple'd unannounced kit?

2) I think there is a huge difference between announced, spec'd and demoed devices v. merely rumored devices.
.
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post #27 of 126
Quote:
Originally Posted by Rothgarr View Post

smitty, have you read the facts about that image? (and how inaccurate it is):

http://www.appleinsider.com/articles...ung_first.html


Well, we do know MS Paint doesn't have grammar check.
post #28 of 126
Quote:
Originally Posted by Galbi View Post

This counter suit started because Apple demanded to see their as-of-yet unreleased products like the Galaxy S II, Galaxy Tab 10.1, and Galaxy Tab 8.9 products.

All these products are NOT ON THE MARKET YET. The same can be said of the iPhone 5 and the iPad 3. The only difference is that the Apple's products just wasnt ANNOUNCED.

What Samsung is requesting is the same request made by Apple in the first request.

An eye for an eye to be fair.

Dont blame it on Samsung.

Actually thats incorrect. Samsung was only ordered to share its products with Apple because Samsung has shown them off so much that the judge ruled they were already in the public domain.

iPad 3 and iPhone 5 have not been shown in public and therefore are not subject to the same scrutiny.

Sorry Samsung, better luck next time!!
post #29 of 126
Quote:
Originally Posted by Quadra 610 View Post

Well, we do know MS Paint doesn't have grammar check.

One day computers will evolve past spelling, grammar and punctuation check to actually have fact check at which point Windows will collapse in on itself.
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post #30 of 126
I am not sure you know what is going on. Apple sued Samsung. Samsung countersued Apple right away BEFORE Apple filed a Motion to Compel Access to Samsung's upcoming products. Further, Apple is suing Apple under patent, trade dress, trademark, and unfair business practice grounds. Essentially, Apple is claiming Samsung stole the look and feel of its OS and hardware. Samsung is claiming Apple infringed some patents related to the way phones work. Samsung's counterclaim has nothing to do with the look of the Apple's product.

Since Apple is seeking to enjoin Samsung from bringing to market already announced products that Apple thinks copy its products look and feel, it only makes sense that Apple would be able to evaluate the upcoming products to make its argument that these products infringe on Apple's intellectual property.

Since Samsung's claims against Apple have nothing to do with the look and feel of Apple's devices and are based on products that are shipping, there is no reason Samsung would need to see an unannounced Apple product.

Moreover, if Samsung is found liable, a Court is more likely to require Samsung to stop shipping a product because of the nature of Apple's claims. If Samsung wins, a Court most likely wouldn't do anything more then award Samsung damages without preventing Apple from shipping product.



Quote:
Originally Posted by Galbi View Post

This counter suit started because Apple demanded to see their as-of-yet unreleased products like the Galaxy S II, Galaxy Tab 10.1, and Galaxy Tab 8.9 products.

All these products are NOT ON THE MARKET YET. The same can be said of the iPhone 5 and the iPad 3. The only difference is that the Apple's products just wasnt ANNOUNCED.

What Samsung is requesting is the same request made by Apple in the first request.

An eye for an eye to be fair.

Dont blame it on Samsung.

It's Apple who started the petition to request future products to be viewed by their appropriate lawyers.


On another thought, it looks as if both companies are not going to settle out of court. I hope I see this battle to the end. This is going to be fun. Popcorn at the ready.





Samsung is just too big to gobble up.

Its a conglomerate that produces 25% of the entire GDP of South Korea.
post #31 of 126
Quote:
Originally Posted by solipsism View Post

One day computers will evolve past spelling, grammar and punctuation check to actually have fact check at which point Windows will collapse in on itself.

But then your posts would also disintegrate....
post #32 of 126
hahahhaha Samsung, that is "quite smooth"

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post #33 of 126
@smitty5569

This is why Apple is suing Samsung...

Samsung even used a sunflower for their Gallery icon.

And why use a flower anyway? Samsung didn't even attempt to look for another icon for Gallery... that's about as lazy as you can get!


post #34 of 126
Galbi doesn't care what's going on, he's as a robotic "whatever Apple does the opposite is good" poster as we've ever had. Which means that hilarity often ensues, since if Apple cured cancer he'd argue for the tumor.

In this case he's basically imagining that the legal system is a tit for tat arrangement, so that if I sue someone for theft it's only right and logical that they sue me for theft, and I shouldn't squawk because I started it. Like I say: reliably hilarious.
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post #35 of 126
Quote:
Originally Posted by Michael Scrip View Post

@smitty5569

This is why Apple is suing Samsung...

Samsung even used a sunflower for their Gallery icon.

And why use a flower anyway? Samsung didn't even attempt to look for another icon for Gallery... that's about as lazy as you can get!

Awesome. I love the smell of burning brains in the morning.

Proud AAPL stock owner.

 

GOA

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Proud AAPL stock owner.

 

GOA

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post #36 of 126
Um, this is like a playground fight? Its a total weak response from Apple's "pls show me that you won't rip us off again" and Samsung responding "no you show me"

Do you think Apple can learn anything from Samsung? Nope. Do you think Samsung can learn from Apple, you bet.
post #37 of 126
@Rothgarr

My old Palm Pilot = Samsung's F700.

However I can't see where iPhone's interface is related to the Palm Pilot. Go figure.
post #38 of 126
Quote:
Originally Posted by Rothgarr View Post

smitty, have you read the facts about that image? (and how inaccurate it is):

http://www.appleinsider.com/articles...ung_first.html

The image is clearly doctored. In fact, the same hand model is holding both products. Photoshop much?

"Apple should pull the plug on the iPhone."

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post #39 of 126
"This is my next feature"...?
What does that mean?
(I'm referring to Michael Scrip's post 6 above this one)

"Apple should pull the plug on the iPhone."

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post #40 of 126
Quote:
Originally Posted by Suddenly Newton View Post

"This is my next feature"...?
What does that mean?
(I'm referring to Michael Scrip's post 6 above this one)

i got the pics from thisismynext.com

http://thisismynext.com/2011/04/19/a...sung-analysis/
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