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Apple Calls Samsung's Request to See iPhone 5 and iPad 3 an 'Attempt to Harass'

Late last month, Samsung attempted to escalate its patent dispute with Apple by requesting to see Apple's next-generation iPhone and iPad models, ostensibly to help it defend itself against Apple's charges of copying and other infringement. The request was made after Apple requested and was granted access to unreleased Samsung hardware, although that hardware had already been extensively advertised and demoed by Samsung.


FOSS Patents now reports that Apple has filed a response to Samsung's request, referring to the move as an "improper attempt to harass" Apple by requesting to see secret hardware that bears no relevance to Apple's claims against Samsung. From Apple's filing:
Samsung's Motion to Compel is an improper attempt to harass Apple by demanding production of extremely sensitive trade secrets that have no relevance to Apple's likelihood of success on its infringement claims or to a preliminary injunction motion. Apple made a compelling showing in its motion to expedite discovery that Apple needs samples of products that Samsung has already announced, distributed, and described, so that Apple can evaluate whether to file a preliminary injunction motion against those products, which look strikingly similar to the distinctive trade dress of Apple's current products. Samsung has made no such showing about Apple's future products. Therefore, Samsung's Motion to Compel should be denied.
Samsung has until this Friday to produce the samples of unreleased hardware to Apple, after which time Apple will decide whether to proceed with a request for a preliminary injunction barring Samsung from selling the new products, a move that could give Apple significant leverage in extracting a settlement from Samsung. This Friday should also see a ruling on whether Samsung will be permitted access to Apple's next-generation hardware.

Top Rated Comments

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44 months ago
This was pretty blatant. Apple's suing them for violating its patents. Apple requests to see recently announced/released products to see if it needs to include them in the suit.

Samsung needs to see Apple's products because...???

It's completely irrelevant?

Unless they really do base their product designs on what comes out of Apple? There are easier ways to admit guilt.
Rating: 11 Votes
44 months ago
Ah, yes, because if someone steals from you and you tell the cops to check their house for your TV set then the thief has the right to ask the cops to search your house too.

Because, you know, fairsees.
Rating: 10 Votes
44 months ago

Is Samsungs products really THAT similar to Apples... :confused:


MacRumors - Conflicted

Blogs/Serious Blogs - Yes: Samsungs Bad

Engadget comment section - **** Apple.

Go figure.
Rating: 9 Votes
44 months ago
Really, I gotta side with Apple.

Samsung had already shown their products in public no less. I don't think the two are equivalent.
Rating: 8 Votes
44 months ago

So when Apple demands to see prototypes, it's ok. But when Samsung requests exactly the same thing, it's called harassment? Interesting...


Do you people even read the news article?
Rating: 8 Votes
44 months ago
really?
shocking

i was expecting apple to invite a few samsung engineers to their labs to discuss everything in detail and send them back with demo units
Rating: 7 Votes
44 months ago

Weak response... Samsung's gambit is a good one...


Sarcasm on or off?
Rating: 7 Votes
44 months ago
Oh no! A legal story that links to a blog written by someone without a legal background and commented on here by posters who will pick and choose sides based on interests and not the law. What could possibly go wrong . . .
Rating: 6 Votes
44 months ago

i was expecting apple to invite a few samsung engineers to their labs to discuss everything in detail and send them back with demo units


Engineers are not involved on either side. Just lawyers.
Rating: 5 Votes
44 months ago

Samsung's legal argument is that reciprocal device analysis ;Samsung wants the same).


no, Apple wants to see products that are already announced, Samsung wants to see products that have not only not been announced but do not exist yet. there is a big difference there... worse it is Apple suing for trade dress, Samsung has not brought such a suit, so has no basis in asking to see what does not exist.
Rating: 5 Votes

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