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Old May 28, 2011, 07:39 PM   #1
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Samsung's Lawyers Demand to See iPhone 5 and iPad 3







Thisismynext points out that Samsung has filed a motion Friday night asking Apple to turn over the iPhone 5 and iPad 3 as part of the discovery process in the ongoing Samsung/Apple legal feud.
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Samsung claims that it needs to see Apple‚€™s future products because devices like the Droid Charge and Galaxy Tab 10.1 will presumably be in the market at the same time as the iPhone 5 and iPad 3, and Samsung‚€™s lawyers want to evaluate any possible similarities so they can prepare for further potential legal action from Apple.
The demand comes after Apple's lawyers were granted access to Samsung's upcoming devices.

To be clear, access on each side is restricted to the lawyers involved and not any of the engineers from either company. Thisismynext believes this is just a calculated gamble for additional leverage, and that the whole motion sounds strange and based on many assumptions.
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That means talks have been at a standstill for a long time now, and I wouldn‚€™t be surprised if Samsung was trying to put some additional heat on Apple to try and kick negotiations back into gear.
Apple filed suit against Samsung over its Galaxy line of hardware and similarities to the iPhone and iPad lines.

Article Link: Samsung's Lawyers Demand to See iPhone and iPad 3

Last edited by arn; May 28, 2011 at 10:18 PM.
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Old May 28, 2011, 07:42 PM   #2
TheOrioles33
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Show me yours and I'll show you mine!! LOL!!
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Old May 28, 2011, 07:43 PM   #3
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This is getting juicy
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Old May 28, 2011, 07:49 PM   #4
iJays
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wanna bet that Apple will now drop the initial charges
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Old May 28, 2011, 07:53 PM   #5
ChristianJapan
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getting childish ... from both sides ...

Apple could be confident enough and a bit proud of to be the master template for others.
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Old May 28, 2011, 07:54 PM   #6
hlfway2anywhere
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Haha. Good for Samsung. Very smart response. Obviously I still side with apple here, but i think they could use a taste of their own arrogance once in awhile.
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Old May 28, 2011, 07:58 PM   #7
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Originally Posted by hlfway2anywhere View Post
Haha. Good for Samsung. Very smart response. Obviously I still side with apple here, but i think they could use a taste of their own arrogance once in awhile.
Is it a smart response? Apple requested hardware that was already publicly demoed. Samsung is requesting non public hardware.
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Old May 28, 2011, 08:36 PM   #8
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Haha. Good for Samsung. Very smart response. Obviously I still side with apple here, but i think they could use a taste of their own arrogance once in awhile.
No, it's a pretty stupid response. Samsung has already publicly discussed and demoed their products.
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Old May 28, 2011, 10:59 PM   #9
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Haha. Good for Samsung. Very smart response. Obviously I still side with apple here, but i think they could use a taste of their own arrogance once in awhile.
Huh? Stopping thieves is 'arrogant'?
Samsunb is having to pony up their hardware because they're accused of copying apple. There is no accusation of the reverse.
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Old May 29, 2011, 07:02 PM   #10
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Not sure it's that smartlt worded, though

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Originally Posted by hlfway2anywhere View Post
Haha. Good for Samsung. Very smart response. Obviously I still side with apple here, but i think they could use a taste of their own arrogance once in awhile.
The "final, commercial" versions of those products very well might not exist yet. Apple could truthfully say that as long as the "final, commercial" versions have a sticker applied to the packaging which directs the user to immediately update the software on the device to accommodate last-minute changes
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Old May 28, 2011, 07:54 PM   #11
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Honestly, we just want it for legality's sake. Trust us!
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Old May 28, 2011, 07:55 PM   #12
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Haha .. good luck with that Samsung. You are really going to need it. Apple doesn't show their stuff under any circumstances.
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Old May 28, 2011, 08:00 PM   #13
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This is the same Samsung that hires its ex-CEO who resigned after tax evasion. Samsung don't do things legally in Korea, so maybe they try to pull their sox up whilst abroad.

The show me yours stuff? I don't like it, but it's the way it is. I wish someone would be able to break Samsung's haughtiness. But no company is large enough to tackle every breech of trust that Samsung have set up.
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Old May 28, 2011, 07:58 PM   #14
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Want to loose some $?
you win some...you loose some
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Old May 29, 2011, 02:00 AM   #15
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wanna bet that Apple will now drop the initial charges
They can try but Apple has home field advantage here. Also, Apple can easily make the claim that the next generation devices are not complete since they have parallel developments where Steve announces the winner sometimes as a day prior to launch. That is an old old IBM trick a la Watson.
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Old May 29, 2011, 04:05 AM   #16
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They can try but Apple has home field advantage here. Also, Apple can easily make the claim that the next generation devices are not complete since they have parallel developments where Steve announces the winner sometimes as a day prior to launch. That is an old old IBM trick a la Watson.
What are you talking about? How would it possibly be feasible to develop several entire handsets and marketing campaigns, only to abandon all but one the day before it is announced? They may use several different prototypes in the process of development but they do not pick one "a day prior to launch", they would settle on a final design, and then refine it further, ignoring the others.
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Old May 29, 2011, 09:27 AM   #17
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wanna bet that Apple will now drop the initial charges
Nope, Apple had to be expecting this after Apple asked for the units from Samsung. It just goes to show how serious Apple is about the suit.

This is going to remain an ugly fight and don't expect either side to cave.
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Old May 28, 2011, 07:50 PM   #18
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Show me yours and I'll show you mine!! LOL!!
ROFLMAO. You are Soooo correct.

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wanna bet that Apple will now drop the initial charges
Want to loose some $?
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Last edited by annk; May 29, 2011 at 07:44 AM. Reason: Post merge - please use the multi-quote function
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Old May 29, 2011, 02:35 PM   #19
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ROFLMAO. You are Soooo correct.



Want to loose some $?
I prefer to tight some, myself.

This is a typical legal maneuver (and a good one), but there is no way it leads Apple to drop the suit.
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Old May 28, 2011, 07:53 PM   #20
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I can understand that Apple needs to see what Samsung is going to be releasing to determine if those products as well infringe on Apple's IP rights, but what could be Samsung's legal argument for seeing what Apple is working on? I assume the judge accepts, tacitly or otherwise, that Apple has a plausible case that Samsung's current products infringe, but Samsung hasn't made concomitant allegations against Apple. Any practitioners have any thoughts?
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Old May 29, 2011, 06:50 PM   #21
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I can understand that Apple needs to see what Samsung is going to be releasing to determine if those products as well infringe on Apple's IP rights, but what could be Samsung's legal argument for seeing what Apple is working on? I assume the judge accepts, tacitly or otherwise, that Apple has a plausible case that Samsung's current products infringe, but Samsung hasn't made concomitant allegations against Apple. Any practitioners have any thoughts?
Well, the only issue is whether AAPL has the right to anticipate an unreleased potential product. I'd say no. Commercial rights only covers commercial products, not what's brewing in the labs that has yet to be confirmed as a commercial product. Asking to see prototype is on pretty thin ground.
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Old May 28, 2011, 08:01 PM   #22
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Samsung's lawyers want to evaluate any possible similarities so they can prepare for further potential legal action from Apple.
Come on Samsung, don't be so obvious. >_>
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Old May 28, 2011, 08:02 PM   #23
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Doesn't make sense. Apple doesn't sue because Samsung makes phones that look like an iPhone. Apple sues because Samsung makes phones that look exactly like the Apple's design patents. Either there are design patents, then Samsung needs to look at those, or there are none, then Apple hasn't protected their design and it is free to copy.
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Old May 28, 2011, 08:15 PM   #24
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Really makes me wish I was a lawyer.
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Old May 29, 2011, 12:03 PM   #25
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Really makes me wish I was a lawyer.
+1 It's like printing money:-)
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