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.
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