FOSS Patents’ Florian Mueller today posts an “update on the dispute between Apple and Samsung. There’s some interesting legal argument to report on.”
“The rhetoric is rather unusual considering that Samsung is one of Apple’s key suppliers (probably its largest one),” Mueller reports. “In one of its most recent filings, which became discoverable late on Monday by Pacific Time, Apple says that Samsung ‘attempts to harass’ it and that Samsung’s demands are not made in good faith. Apple also refers to Samsung as ‘the copyist’ in this dispute.”
Mueller reports, “Samsung’s recent request [is] for Apple to provide it (or more precisely, its lawyers) with samples of its next-generation iPhone and iPad products. That would be the iPhone 5 and iPad 3, neither of which has been announced, though everyone knows that they will become available in the not too distant future.”
“It was obvious to all close observers of the dispute that Samsung’s request was meant to echo and mirror Apple’s previous request for ‘expedited discovery’ and access to various Samsung products that had not yet been released in the U.S. market at the time, such as the Galaxy S II,” Mueller reports. “In one of its latest filings, Apple states the following about its intended course of action: ‘Apple will decide whether to file a motion for a preliminary injunction motion against Samsung’s new products after completing its review of the five products that Samsung will produce on June 17, 2011.'”
Mueller reports, “On that same day — this coming Friday — at 1:30 PM Pacific Time, Apple and Samsung will also meet with their judge at the U.S. District Court for the Northern District of California to discuss Samsung’s request for expedited discovery. The filings that became available last night were basically made in preparation of that showdown, at which the judge will probably decide on Samsung’s request for an early look (of its lawyers) at next-generation iPad and iPhone samples.”
Read more in the full article – recommended – here.
MacDailyNews Take: as we’ve said before, it’s a catch-22 for Samsung as the copyists need Apple’s plans in order to produce the prototypes that the court last week ordered them to show Apple.
Related articles:
Samsung seeks court order to see Apple’s next-gen iPhone, iPad samples in patent dispute – May 31, 2011
Judge orders Samsung to hand over five unreleased Android phones, tablets to Apple – May 24, 2011
Samsung files new lawsuit against Apple in U.S. – April 29, 2011
Samsung phone sales drop 14%, profit drops 30% – April 29, 2011
NPD: Apple iPhone 4 for Verizon best-selling mobile phone in U.S.; causes Android to lose share for first time since Q209 – April 28, 2011
Samsung’s new Galaxy S phone shows few changes from model that prompted Apple lawsuit – April 28, 2011
Samsung countersues Apple over iPhone, iPad; lawsuits filed in South Korea, Japan and Germany – April 22, 2011
Apple lawsuit against Samsung deemed no threat to supply – April 19, 2011
Apple v. Samsung: a complete lawsuit analysis – April 19, 2011
Samsung vows to countersue Apple over patent suit – April 19, 2011
Why Apple is suing Samsung and why Samsung will likely settle – April 19, 2011
Apple to Samsung: ‘Blatant copying is wrong’ – April 18, 2011
Apple sues Samsung for attempting to copy look and feel of iPhone, iPad – April 18, 2011
I think Apple would rather eat contempt of court fines rather than obey any order to produce next Gen prototypes to a competitor. But if I were the judge I wouldn’t support Samsung’s request. Why help the copiest further their evil path of market flabergastfoolery. 🙂
Samsung’s demand on Apple is blatant harassment and indeed a show of bad faith.
They are pretty stupid because as much as they think that litigation by another department within their organization, will have no effect on their lucrative and important Apple relationship, they are very wrong.
They are ignoring Steve Jobs’ and Apple’s very long memory and history of intolerance when it comes to matters of dissing Apple.
Apple’s efforts to find alternate suitable business partners and replacements for Samsung are already underway. As soon as Apple has it’s ducks lined up straight, they will pull the rug from under Samsung’s feet and leave them out to dry.
iCal that.
I totally agree- except you mean “its ducks.”
@ auramac — Good catch! I had no idea at all what breeze meant until your penetrating insight clarified the matter
Pandora’s box opened by Apple legal, yeah?
LOL I find the whole thing funny personally.
Its a court case and no one has been found guilty of anything *yet* so I find it amusing that Apple would feel Entitled to Samsung’s unreleased products and not expect that the defense is going to request the same thing of them.
Seriously dudes… I’m not an attorney and I could have seen that coming. Get on the f*ckin’ ball here.
edit:
The “Seriously dudes…” part was directed at Apple legal, not anyone here lol.
What are “dudes”?
Apple most likely assumes (& is demonstrating to the court) that since Samsung has so blatantly ripped-off Apple before that is most likely on the verge of doing it again. Nip it in the bud before the new rip-off products leave the barn..
There us very important difference: Apple is demanding the production of already announced Samsung products; Samsung it trying to see products that Apple hasn’t announced or otherwise indicated they exist.
You have to remember, Samsung dumps and replaces products every 6 months or so. The same phone you sued about is history, Its clone with new features is here.
Apple hardware has a much longer shelf life. Look they are still selling iPhone 3GS units. 🙂
Plus, in this suit, Apple is the injured party seeking redress, not Samsung
Just a thought,
en
Once upon a time there were two painters. One was painting using his imagination, the other was producing replicas of the first artist’s paintings. The original artist sued the copycat and they went to court. The artist said: let’s see what the copycat is working on right now, I bet it is a copy of one of my paintings! The copycat said: I also want to see what the first artist is working on just to make sure my next painting is not similar by chance!
You should’ve sent this to Apple legal team a few weeks ago.
Those Samsung yellow monkey shall be grinder into swine feed.
Hmm … I think I get your drift, but I also think you could’ve come up with a less-incoherent-and-racially-tinged way to say it.
Does the Samsung legal team work for Microsoft? Seoul, start your copiers.
Hey Samsung, why don’t you try to learn from Hyundai motors? I still remember how people used to make fun of Hyundai all the time, but look what happen to Hyundai these days. They are killing it, with original design and excellent services. Stop copying Apple and copy what Hyundai did.
Looks to me that AAPL’s production of iPhone 5 and iPad3 is not with Samsung, and said idiots are trying to find out when the “production” order agreement will be rec’d. Methinks Samsung has crooned it’s last with AAPL.
Apple = whiners club. Apple stated similar stuff about nokia lawsuit. The one they settled for $800 million plus future royalty payments.
Over the past 5 years, Apple has sued more companies and even a kid to get some money than Nokia or Samsung.
Those you can do, those who can’t sue.
Ok I’m not much knowledgeable with how business works would someone explain to me exactly what sanding is trying tocaccomplish with this action? Are they trying to see the next product they will compete against so they can improve their galaxy tabs to beat it or something?