Samsung's Request to See iPhone 5 and iPad 3 Denied

[MacRumors]

For nearly a month now, we've been following Samsung's request for access to Apple's next-generation iPhone and iPad hardware, a move obviously made in retaliation for Apple having demanded (and received) access to unreleased, albeit publicly-shown, Samsung hardware as part of the legal battle between the two companies.

As noted by FOSS Patents, a federal judge has now ruled that Apple does not have to turn its plans for the next-generation iOS hardware over to Samsung's lawyers.

The judge also ruled, however, that there is some merit to Samsung's claims that its own forthcoming devices claimed to be infringing on Apple's designs should be compared to Apple's next-generation hardware as opposed to the current-generation hardware, particularly in the case of the iPhone. With Apple expected to be releasing the next-generation iPhone within the next few months, the judge notes that the potential for customer confusion should be gauged against products on the market at the same time.

Samsung is free to argue, for instance, that there is little likelihood of confusion because consumers will not encounter its products side-by-side with the iPhone 4 or iPad 2, but rather with Apple's next generation iPhone and iPad. Similarly, as to proximity, Samsung is free to argue that because the iPhone 4 and [iPad] 2 will soon be outmoded and reduced in price, they are not being sold (or very soon will not be sold) to the same class of purchasers who are likely to buy new Samsung products. By choosing to allege infringement only of its current products, Apple opens itself up to these arguments.

But while the judge admits that aspect of Samsung's argument, her ruling also reveals that she is unconvinced of an imminent release of new hardware from Apple, particularly in the case of the next-generation iPad. And regardless of Apple's timeline for a hardware release, Samsung's case does not hinge upon receiving early access to Apple's unannounced devices.

Article Link: Samsung's Request to See iPhone 5 and iPad 3 Denied

 

[nwcs]

Not surprising that the judge ruled that way. I wonder what will happen with the new patents being approved, etc.? I wouldn't be surprised to see a behind the scenes settlement.

 

[ouimetnick]

Guess Apple won't feel "harassed" anymore.

I do agree with the Judge that the products need to be compared against current shipping devices. Otherwise Samsung, might "accidentally" copy Apple some more.

 

[*LTD*]

No surprise.

Samsung requested to see products that didn't exist. What exactly were they thinking?

 

[dethmaShine]

Now that the people have claimed that Apple was being ridiculous and Samsung was right, I guess the judge is mad too, and/or an Apple fanboy and/or not a judge at all.

^This.

/s

 

[IzzyJG99]

 

[justinfreid]

Really?

My guess is that nearly every single consumer, any person looking to purchase an Apple product, would know, without any doubt that unless you see an it's not one of Steve Jobs' creations.
Samsung may have infringed upon some of Apple's patents, even while they were supplying many of the components Apple was using to build those products, but the argument that a hypothetical consumer could mistake a Samsung phone for an iPhone falls flat.
Wouldn't Apple's marketing department make that argument? Maybe Samsung will subpoena Phil Shiller and see if can at once claim that he's good at his job and that there's room for error in the average consumer's mind about what constitutes an Apple iPhone versus a Samsung Whatever-Silly-Noun-or-Adjective.

 

[ouimetnick]

No surprise.

Samsung requested to see products that didn't exist. What exactly were they thinking?

I'm sure Apple has a working prototype of the iPhone 5, and a Prototype of the next iPad in their labs.. Are you going to say that when the iPhone 3GS was the main iPhone, the next iPhone didn't exist? Well thats wrong, because a clumsy Engineer left it behind in a bar.... and it was indeed the next iPhone!

 

[coojo28]

No surprise.

Samsung requested to see products that didn't exist. What exactly were they thinking?

No kidding. If there was an iPhone 5 they usually launch in JULY. as have all of the rest of the previous models. Also, it was leaked every year in MARCH before the release of any of the devices. MARCH 2011... NOTHING.. same is going to be for JULY.. NOTHING. NO IPHONE 5.

If APPLE wants to get a hold on SAMSUNG they need to make devices FOLLOWING AT&T's formula for service and not making their own. Samsung was on 4G first. as soon as we lauch LTE all of out non-apple products for AT&T will be 10x faster. Apple DOESNT even have that compatibility for IP4. its just a fancy paperweight, for all Im concerned. the best device by far has been the 3GS.

 

[Seanozz]

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)

My guess is that nearly every single consumer, any person looking to purchase an Apple product, would know, without any doubt that unless you see an it's not one of Steve Jobs' creations.
Samsung may have infringed upon some of Apple's patents, even while they were supplying many of the components Apple was using to build those products, but the argument that a hypothetical consumer could mistake a Samsung phone for an iPhone falls flat.
Wouldn't Apple's marketing department make that argument? Maybe Samsung will subpoena Phil Shiller and see if can at once claim that he's good at his job and that there's room for error in the average consumer's mind about what constitutes an Apple iPhone versus a Samsung Whatever-Silly-Noun-or-Adjective.

You wouldn't say that if u realized how dumb the average consumer actually is.

Do you know how many people actually used to use cd trays in early tower computers as drink holders?

You really think that caliber of consumer might not get confused. Lol

 

[*LTD*]

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)



You wouldn't say that if u realized how dumb the average consumer actually is.

Do you know how many people actually used to use cd trays in early tower computers as drink holders?

You really think that caliber of consumer might not get confused. Lol

Yup.

 

[colmaclean]

Samsung really must stop reading too much into Rumsfeld's "known unknowns" theory.

 

[EnergonCube]

Re: Really?

Never underestimate the stupidity of mankind.

My guess is that nearly every single consumer, any person looking to purchase an Apple product, would know, without any doubt that unless you see an it's not one of Steve Jobs' creations.
Samsung may have infringed upon some of Apple's patents, even while they were supplying many of the components Apple was using to build those products, but the argument that a hypothetical consumer could mistake a Samsung phone for an iPhone falls flat.
Wouldn't Apple's marketing department make that argument? Maybe Samsung will subpoena Phil Shiller and see if can at once claim that he's good at his job and that there's room for error in the average consumer's mind about what constitutes an Apple iPhone versus a Samsung Whatever-Silly-Noun-or-Adjective.

 

[cmaier]

Told ya so.

 

[JoEw]

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)



You wouldn't say that if u realized how dumb the average consumer actually is.

Do you know how many people actually used to use cd trays in early tower computers as drink holders?

You really think that caliber of consumer might not get confused. Lol

totally agree
http://www.youtube.com/watch?v=9hJXS0eCEKA

 

[SockRolid]

A "saving face" lawsuit at best

After Apple's infringement suit was lodged, I'm sure Samsung's top brass went to their legal department and said "What can we do to make it look like we're fighting back?"

The result? A nuisance suit that only had PR value.

 

[IzzyJG99]

Yup.

Image

Don't forget that the Tab button dispenses Tab Cola!

Ah, Tab. Diet Rite, RC Cola and Tab....remind me of my Grandmother. Gross.

 

[ivladster]

I'm sure Apple has a working prototype of the iPhone 5, and a Prototype of the next iPad in their labs.. Are you going to say that when the iPhone 3GS was the main iPhone, the next iPhone didn't exist? Well thats wrong, because a clumsy Engineer left it behind in a bar.... and it was indeed the next iPhone!

Things that are not publicly released are hypothetical and not real. That's what he meant. I am sure Apple have plans for next 3 iPhones but that's no way at any final stage to even consider a real product.

 

[ten-oak-druid]

Samsung is pathetic. At least this branch of Samsung is.

Samsung really must stop reading too much into Rumsfeld's "known unknowns" theory.

LOL

Samsung's creativity is somewhere north, south, east or west of Cupertino.

 

[Mad Mac Maniac]

My guess is that nearly every single consumer, any person looking to purchase an Apple product, would know, without any doubt that unless you see an it's not one of Steve Jobs' creations.
Samsung may have infringed upon some of Apple's patents, even while they were supplying many of the components Apple was using to build those products, but the argument that a hypothetical consumer could mistake a Samsung phone for an iPhone falls flat.
Wouldn't Apple's marketing department make that argument? Maybe Samsung will subpoena Phil Shiller and see if can at once claim that he's good at his job and that there's room for error in the average consumer's mind about what constitutes an Apple iPhone versus a Samsung Whatever-Silly-Noun-or-Adjective.

As stated consumers are ill-informed. A lot of people don't care about the company. It doesn't matter to them if it's made by Apple or Samsung, or IKEA. They just want that phone their friend showed them. Or that phone on the commercials. Oh this one looks like it, I'll take it.

 

[justinfreid]

Never underestimate the stupidity of mankind.

You wouldn't say that if u realized how dumb the average consumer actually is. Do you know how many people actually used to use cd trays in early tower computers as drink holders?
You really think that caliber of consumer might not get confused. Lol

As stated consumers are ill-informed. A lot of people don't care about the company. It doesn't matter to them if it's made by Apple or Samsung, or IKEA. They just want that phone their friend showed them. Or that phone on the commercials. Oh this one looks like it, I'll take it.

Is that really your point of view on consumer behavior?
First, how many people that have ever posted to MacRumors are so "ill-informed" that they wouldn't know an Apple product from a non-Apple one? Certainly someone out there knows something about what they're buying.
Don't you think people have an idea about even the brand of shoes they're wearing? How could Apple have ever been successful if consumers can't differentiate between it as a brand and Samsung or Sony or whoever? They'd just wonder like zombies through malls, pick up any laptop that they see, ignore the words or logos on it and say it was manufactured by company X?

Many posters who are convinced that the average consumer is a no-nothing idiot seems more to be reveling in their own perceived superiority to that person rather than actually engaging on the topic. Wiser people might acknowledge instead that an average person wouldn't know instinctively looking at the front of a Samsung touchscreen smartphone and an Apple one who made it and discuss the implications of that.
Even a person who has no idea of the features of an iPhone, part of the 50% who never synced it and still doesn't know you can email photos from the phone, can figure out who made it.
What does the name SAMSUNG written across a product mean?
What is the marketing department at Apple for?

 

[winston1236]

After Apple's infringement suit was lodged, I'm sure Samsung's top brass went to their legal department and said "What can we do to make it look like we're fighting back?"

The result? A nuisance suit that only had PR value.

agreed

 

[ten-oak-druid]

 

[IvanTheBearable]

Is that really your point of view on consumer behavior?

...

Don't you think people have an idea about even the brand of shoes they're wearing?

...

Even a person who has no idea of the features of an iPhone, part of the 50% who never synced it and still doesn't know you can email photos from the phone, can figure out who made it.

I can't comment on the average phone buyer but I can tell you about one phone buyer (a friend of mine) who purchased an Android phone (I forget which one) thinking she was buying an iPhone. The fact that it had a touch interface was all she needed to make the connection. She would most certainly know what brand of shoe she is wearing but, when it comes to technology she switches off. I'm the other way around. I wouldn't have a clue what brand my shoes are.

 

[MacinDoc]

Is that really your point of view on consumer behavior?
First, how many people that have ever posted to MacRumors are so "ill-informed" that they wouldn't know an Apple product from a non-Apple one?

The people posting on Macrumors in no way represent the typical consumer.

What is the marketing department at Apple for?

The purpose of Apple's marketing department is to convince consumers that Apple's products are different from Samsung's. Conversely, the purpose of Samsung's marketing department is to convince consumers that they aren't. That's the essence of this lawsuit - Samsung's attempt to present their phones as if they are iPhones - and there are consumers out there who won't know the difference unless it is pointed out to them, since Samsung is clearly trying to cause confusion with the manner in which they are designing their phones, their OS and even their marketing campaign.