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


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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 [ARL=]Samsung's motion[/URL] 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.

Source: AppleInsider | Samsung files motion to see Apple's next iPhone, iPad


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Samsung has just filed a motion on Friday for the rights to see Apple's upcoming iPhone 5 and iPad 3. The motion requests that Samsung's lawyers be able to see a final (commercial) version of the iPhone 5, or rumoured as the iPhone 4S, and the iPad 3.

If the motion does pass, only Samsung's lawyers will be able to visibly see the iPhone 5 and iPad 3, and not the engineers themselves. Samsung's request is to prevent any future lawsuits between the two companies, as the Droid Charge and Galaxy Tab 10.1 will be releasing around the same time as Apple's counterparts.

Earlier this week, Apple's lawyers were granted access to view Samsung's upcoming devices, and now to play fair, Samsung as requested the same favour. reports that the motion is for Samsung to detect any similarities between the two products so they can prepare for any (potential) future legal action from Apple. However, there may be one major hiccup, as Samsung already announced its products, where Apple has not

Source: - Samsung lawyers demand to see Apple's iPhone 5 and iPad 3


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In an interesting turn of events, Samsung's legal team has asked Apple to hand over next-generation versions of the iPhone and iPad to make sure its own future devices will not be subjected to the same infringement claims the company currently faces as part of Apple's lawsuit from last month.

The motion, filed on Friday with the U.S. District Court in San Jose, Calif., and discovered by This Is My Next, asks the court to make Apple provide samples of the "final, commercial version(s)" of the iPhone and iPad, along with whatever retail packaging those products come in. Again, these aren't announced products, they're named in the filing as the "iPhone 4S," "iPhone 5," "iPad 3," and "third generation iPad."

The news comes a week after Apple filed a motion to see final production samples of a number of announced, though unreleased, Samsung products, including the Galaxy Tab 10.1 and 8.9 tablets, and smartphones like the Galaxy S II, Droid Charge, and Infuse 4G. The idea behind that was to evaluate whether these devices would fall under the same intellectual-property infringement claims Apple had already placed on Samsung devices like the Nexus S, Captivate, Continuum, and Mesmerize in its original court filing.

Nilay Patel, of This Is My Next, notes that as with Apple's handling of the request to see Samsung's unreleased products, the Samsung request asks only that Samsung's lawyers, and not the company's product teams, be allowed to see the Apple devices. That said, the retaliation preys on the element of surprise, historically one of Apple's biggest strengths when introducing new products.

Apple's lawsuit against Samsung (PDF), back in April, alleged that Samsung had copied Apple's mobile devices both in terms of user interface and design features. Apple also alleged that the Samsung devices in question infringed on Apple's patents, and resulted in Samsung practicing unfair competition. Samsung fired back by launching a wave of patent infringement lawsuits targeting Apple's products in multiple countries.

The case continues to generate intense interest from tech onlookers. While the two companies compete, Apple and Samsung have historically been close business partners, with Apple making use of a number of Samsung components across the range of its devices. Nonetheless, the relationship has not kept Samsung and its telecommunications group from being targeted

Source: Samsung asks to see Apple's next iPhone, iPad | Apple Talk - CNET News


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TABLET AND SMARTPHONE MAKER Samsung has escalated its patent dispute with Apple by asking a court to force Apple to hand over the Ipad 3 and Iphone 5.

The request follows a previous court order by US District Court Judge Lucy Koh in early May that required Samsung to give Apple a number of its upcoming Galaxy smartphone and tablet models, in addition to other potentially infringing products.

Samsung argues that this puts the company at a "significant disadvantage" by allowing Apple access to its new products without returning the favour. Samsung claims that it should have the next-generation Iphone and Ipad so that it can "prepare its defence", according to Reuters.

The dispute began when Apple sued Samsung in mid-April, claiming it "slavishly" copied its design and packaging. A week later Samsung countersued, claiming that Apple's products infringe its patents. This latest move is another tit-for-tat action in the heated litigation.

Samsung used to be one of Apple's allies, supplying it with £3.7 billion worth of chips and parts in 2010. However, tensions grew between the companies as Samsung's products, which run Google's Android operating system, became the primary competition to Apple.

The Galaxy Tab is the biggest threat to the Ipad, while the Samsung Galaxy S handset was used as the base for the Nexus S, Google's second own-branded Android smartphone. This strong relationship with Google is likely a factor in Samsung's souring relationship with Apple, particularly given the remarkable growth of Android devices over the past year and the impact that has had on Apple's sales.

Apple is typically tight-lipped about its upcoming products, so much so that it has a history of going after people who leaked its designs. Foxconn, which assembles Apple products, interrogated people over the leak of an Iphone, while a Gizmodo editor's house was raided after he published information about an Iphone 4 prototype.

This secrecy might help Apple keep an advantage in the market that Samsung can use as a defence against Apple's claims, but the same argument could apply to Samsung's products and is unlikely to wash with the court.

Source: Samsung wants apple to hand over ipad 3 and iphone 5- The Inquirer

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