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Samsung's Lawyers Demand to See iPhone 5 and iPad 3

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Original poster
Apr 12, 2001
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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.
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.
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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.
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.
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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
 
Article Link
https://www.macrumors.com/2011/05/28/samsungs-lawyers-demand-to-see-iphone-and-ipad-3/
Last edited by a moderator:
*LTD*

*LTD*

macrumors G4
Feb 5, 2009
10,703
1
Canada
Wirelessly posted (Mozilla/5.0 (iPad; U; CPU OS 4_3_3 like Mac OS X; en) AppleWebKit/533.17.9 (KHTML, like Gecko) Version/5.0.2 Mobile/8J2 Safari/6533.18.5)

Weak.

Really, Samsung?

You were already ordered to produce your knockoffs to Apple. THIS is your response??
 
C

Cartaphilus

macrumors 6502a
Dec 24, 2007
581
65
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?
 
ChristianVirtual

ChristianVirtual

macrumors 601
May 10, 2010
4,122
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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.
 
H

hlfway2anywhere

Cancelled
Jul 15, 2006
1,544
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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.
 
wordoflife

wordoflife

macrumors 604
Jul 6, 2009
7,564
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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.
 
B

barberio

macrumors regular
Oct 26, 2009
104
0
Hard for them to push for this, since Apple were seeking disclosure access to announced and advertised devices, while Samsung are seeking access to devices they are theorising must exist. Basically, Apple can say they are working with various prototypes, but have no set device yet, and no one can say anything otherwise. Apple's tight-lipped refusal to confirm they're ever working on a new model works in their favour here.
 
javaGuru

javaGuru

macrumors 6502a
Jul 15, 2007
922
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Wirelessly posted (Mozilla/5.0 (iPhone; U; CPU iPhone OS 4_3_3 like Mac OS X; en-us) AppleWebKit/533.17.9 (KHTML, like Gecko) Mobile/8J2)

Was this request before or after samsung's lawyers searched local bars close to Apple? :)
 
M

Matthew Yohe

macrumors 68020
Oct 12, 2006
2,200
142
hlfway2anywhere said:
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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Is it a smart response? Apple requested hardware that was already publicly demoed. Samsung is requesting non public hardware.
 
L

lilo777

macrumors 603
Nov 25, 2009
5,144
0
barberio said:
Hard for them to push for this, since Apple were seeking disclosure access to announced and advertised devices, while Samsung are seeking access to devices they are theorising must exist. Basically, Apple can say they are working with various prototypes, but have no set device yet, and no one can say anything otherwise. Apple's tight-lipped refusal to confirm they're ever working on a new model works in their favour here.
Click to expand...

So, Apple is going to say to judge (under oath) that they do not have a prototype of iPhone 5 yet, right? They are not stupid. They may try to refuse on some other ground but not by lying.
 
shigzeo

shigzeo

macrumors 6502a
Dec 14, 2005
711
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Japan
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.
 
N

Nemokrad

macrumors newbie
May 28, 2011
3
0
Apple could potentially really lose out here because even though just the lawyers will see the future products, they would still relay the info to Samsung's people and they could gain a competitive advantage by being to market with the same features as Apple at the same time. Hopefully the court sees it this way too.
 
Repo

Repo

macrumors 6502a
Feb 11, 2009
597
0
Samsung's lawyers want to evaluate any possible similarities so they can prepare for further potential legal action from Apple.
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Come on Samsung, don't be so obvious. >_>
 
MH01

MH01

Suspended
Feb 11, 2008
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*LTD* said:
Wirelessly posted (Mozilla/5.0 (iPad; U; CPU OS 4_3_3 like Mac OS X; en) AppleWebKit/533.17.9 (KHTML, like Gecko) Version/5.0.2 Mobile/8J2 Safari/6533.18.5)

Weak.

Really, Samsung?

You were already ordered to produce your knockoffs to Apple. THIS is your response??
Click to expand...

Yup, predicatble and very weak response as per every thread since 2009....
 
gnasher729

gnasher729

Suspended
Nov 25, 2005
17,980
5,565
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.
 
B

barberio

macrumors regular
Oct 26, 2009
104
0
This is akin to putting "The President of the United States on January 21st 2013" on your Witness list. Sure, it's quite likely that person will be Barack Obama, but there's no way the court can accept such a submission because it can't predict the future.

Apple simply have to say they have no set plans for an iPhone 5 or iPhone 4GS yet, and the court isn't in a position to say otherwise.
 
J

joeviddy

macrumors newbie
May 28, 2011
12
0
Actually the pool of people that will have access to said devices could, most likely would, be more than suggested.

At the very least Samsung's pool of experts witnesses will have access to review and examine the devices. Depending on how the judge rules, it could be produced and stored at opposing counsel (with the potential for hefty security) or just examined at Apple's facilities.

Also, if stored at opposing counsel, the likelihood that paralegal and support staff having access to the device increases significantly.
 
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