A few weeks ago we shared the news that Apple was suing Samsung for patent infringement over the "similar" look of the Galaxy SII to the iPhone. Also, Samsung fired back at Apple with a lawsuit of it's own, citing technological patent infringement by Apple. The newest info in the ensuing drama is that Samsung was ordered by the court to provide Apple with some products that have not yet been "officially" released in the United States within 30 days. Those products are the Galaxy S II, Galaxy Tab 8.9, Galaxy Tab 10.1, Infuse 4G, and DROID Charge. This order by the court was in order to help Apple determine whether or not to request an early injunction to stop the release of these products in the United States.
In a strange and clever move, Samsung responded with it's own motion requesting access to Apple’s next-generation iPhone5 and iPad3. Samsung claims it needs to examine the devices in order to evaluate any possible similarities so it can prepare for possible further legal action from Apple. The reason why this is a clever move, isn't because it is likely to be successful. More than likely, the judge will not uphold this motion. Neither the court, nor Samsung really need to see Apple's future products to determine what future litigation may potentially be brought forward.
The reason this is a bold move is because it points out to the court that it is unreasonable for the court to allow Apple to see some of Samsung's future products, without also letting Samsung do the same. How can Samsung be expected to "not develop similar looking products", if it can't know the future. The ploy may not work, but it at least lets Samsung start to frame their case in a certain way. Plus, it buys them some time while the court determines Samsung's motion first. (Keep in mind that these two motions have the stipulation that only the two company's lawyer teams will get to see the products in a courtroom environment. No one internal to either company will be allowed access.)
Furthermore, it puts slight pressure on Apple, so that perhaps they will consider going back to the negotiating room instead of the courthouse. What was not previously revealed in earlier stories was that Apple and Samsung were actually negotiating with each other over these issues for almost a year before either actually took it to court.
Here's a quote from the ThisIsMyNext.com article indicating their take on this news,It's like a game of chess and poker mixed together. Ultimately, this stuff could drag on so long that it becomes moot.So why is Samsung even pursuing this? I think it’s a calculated gamble for additional leverage. Apple and Samsung held negotiations for a year before giving up and heading to the courts, and I’m reliably informed that there haven’t been any substantive settlement discussions since Apple first filed its complaint. 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. It’s an interesting and aggressive move in its own right, but it also highlights the fact that neither Apple nor Samsung have addressed the actual merits of their complaints in formal replies — this is a minor skirmish before the real battle begins. We’ll see if this sideshow accomplishes anything beyond clever lawyerly maneuvering, but for right now it’s clear that Apple and Samsung aren’t planning to back down anytime soon.
Source: Android.net via ThisIsMyNext.com