Now that the Nokia and Apple dispute has been settled, the tech world can turn its attention back to the Samsung “copycat case.” Apple filed the lawsuit back in April of this year, claiming that Samsung copied several iDevice design elements in their products.
The Cupertino company submitted another filing shortly after that, asking to see some of Samsung’s upcoming products in relation to the complaint. In turn, Samsung likewise submitted a Motion to Compel, asking to see Apple’s new iPad 3 and iPhone 5 models. How did Steve Jobs and company respond?
FOSS Patents is reporting that Apple filed a response claiming that Samsung’s request was simply an “improper attempt to harass” them, by demanding to see irrelevant, sensitive trade secrets. Here is a snippet 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.”
According to MacRumors, Samsung has until this Friday to produce the samples of unreleased hardware to Apple, so they can decide whether to proceed with a filing for a preliminary injunction against the new products. The blog notes that his could give Apple significant leverage in extracting a settlement from the Korean manufacturer.
We should also hear from the judge this Friday on his ruling regarding Samsung’s request to see Apple products. If you ask me, Samsung doesn’t have much reason to see any of Apple’s upcoming products. Maybe it was just a courtroom strategy?
What do you think the judge will rule this Friday? Will Apple be forced to show the goods?