Samsung files motion to see Apple's next iPhone and iPad
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.
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.
Comments
Would it be totally bad business for Apple to just buy them? Just an idea.
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!
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.
The court will -- rather, should -- throw it out.
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.
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.
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.
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.
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.
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!!!
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
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?
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
Samsung actually has higher revenue then Apple.
I suspect you do not know about market capitalization.
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?
Me three