Samsungs lawyers demand to see Apple iPad 3 and iPhone 5 prototypes

first_imgThe tit-for-tat battle between Samsung and Apple over patent infringement rages on. Apple got permission to see prototypes for upcoming Samsung phones and tablets last week. Samsung wasn’t about to take the ruling lying down, so they submitted their own motion, demanding that Apple turn over prototypes for its future products, including the iPhone 5 and the iPad 3, for inspection by Samsung’s legal team.When Apple initially filed suit against Samsung in April, they pointed to similarities between the iPhone and iPad and the Samsung Galaxy S line of phones and the Galaxy Tab tablets as indicators that the design and trade dress of Apple products had been violated, and that Samsung had tried specifically to make the Galaxy products look like Apple products in order to sell more of them. Samsung promptly countersued, claiming that Apple violated over 10 of Samsung’s patents in its devices.Apple’s motion for Samsung to disclose its prototypes is a little different from Samsung’s motion. First of all – as Apple pointed out in court – Samsung can’t claim that their intellectual property or marketing would be damaged by Apple getting their hands on new Samsung devices. Samsung has been actively discussing, marketing, and even giving away its upcoming products, with over 5,000 of the new Galaxy Tab 10.1 tablets gifted to Google I/O attendees. That lack of secrecy was one reason the San Diego judge ruled in Apple’s favor.Apple, on the other hand, maintains an atmosphere of secrecy around its products that’s nearly impenetrable – any leaks or documentation about upcoming Apple products that ever made it into the wild would be huge news and a serious problem for Apple. Samsung’s lawyers say that they need to see Apple’s prototypes in order to prepare for additional legal action by or against the company: Samsung doesn’t want to be caught blind with Apple having detected new patents violated in products that they haven’t even seen yet.Samsung isn’t even saying that they know Apple even has an iPhone 5 or an iPad 3: they cite “internet reports” and “past practice” as examples of why they think Apple has new products up their sleeve. They’ve even asked Apple for the “final, commercial versions” of the products, and if those aren’t available they want whatever’s most recent.It’s all a pretty gutsy move by Samsung, one that it’s not even clear the judge will rule in favor of. Samsung has promised to stand by the same rules that Apple committed to when it was awarded rights to see Samsung’s prototypes: only the legal team would be able to see them, and no engineers from Apple would be able to examine the devices under any circumstances. We wouldn’t be surprised if the judges in the case turn down the ruling, but if they don’t, things could get very interesting in this case.Read more at This Is My Nextlast_img read more