Apple v Samsung; Samsung Ordered to Provide Unreleased Products; Wants Same in Return

[dgstorm]

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,

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.

It's like a game of chess and poker mixed together. Ultimately, this stuff could drag on so long that it becomes moot.

Source: Android.net via ThisIsMyNext.com

 

[kodiak799]

I can see making claims on icons and some other things, but the phone itself....I mean, it's basically just an lcd screen. I don't know how you patent that or sue someone for infringing on the look of your lcd screen.

 

[johnomaz]

So what, if a phone has a screen and a button, its too similar to Apple's iPhone? God I hate apple.

 

[kodiak799]

I guess the moral of the story is, when you employ a bunch of patent lawyers they have to do something to earn their keep.

 

[jkhonea]

So what, if a phone has a screen and a button, its too similar to Apple's iPhone? God I hate apple.

Do you really think Apple is the only one that does this? Really?

 

[Rindaen]

So what, if a phone has a screen and a button, its too similar to Apple's iPhone? God I hate apple.

I have used 2 different iPhones and at first glance the Samsung phone looked like the iPhone. Apple and Samsung should settle , and Samsung should actually try to create something themselves rather then trying to copy the iPhone.

If you want to believ it or Not , All Companys are out to make a profit.
Google, M$, Apple the list goes on.
The ones that are succesfull are copied. Samsung just did a copy/paste
Can you really not see what Apple is complaining about?

Lifes to short to Hate

 

[Alch3m1st]

Really, Samsung copied the Iphone
http://photos.appleinsider.com/Sam.Apple.001.jpg

 

[Rindaen]

Really, Samsung copied the Iphone
http://photos.appleinsider.com/Sam.Apple.001.jpg

You really shouldnt believe everything you see on the Internet.
That photo has been discussed at length on the very forum you linked to.

And really , Samsung Copied Apple

 

[kodiak799]

Really, Samsung copied the Iphone
http://photos.appleinsider.com/Sam.Apple.001.jpg

You really shouldnt believe everything you see on the Internet.
That photo has been discussed at length on the very forum you linked to.

And really , Samsung Copied Apple

But wasn't that phone already in development, and well past the design stage, when the IPhone came out?

There's really not anything particularly unique or non-obvious about smartphone design. Like if you take a plasma or lcd tv, how different can two models really look, given strong consumer preferences for subtle and silver/black?

 

[Rindaen]

The F700 wasnt released in 2006 as that Picture shows.
I imagine both it and the iPhone were both in development.

Wikipedia list the phone available in 2007.
Samsung SGH-F700 - Wikipedia, the free encyclopedia

Slashgear has a good article on that picture as well.
iPhone / Samsung F700 / Prada Phone Rumors Debunked - SlashGear

 

[kodiak799]

I imagine both it and the iPhone were both in development.

That's my point. I don't think either one copied the other. There's not a lot of external design options here.

 

[jroc]

Bottom line, I believe a phone takes months - years to develop. Say what you will, that F700 and the orig iPhone showings are a month apart...with the F700 being a slider they didnt just throw that phone together in a month. Even going back over FCC filings they both are in the same month if I remember correctly.

Did someone copy someone? Maybe. Maybe both Apple and Samsung saw the design somewhere else and they both copied it. Samsung with that F700 and Apple with the orig iPhone.

Maybe they had very similar ideas..its possible. But for folks to try to dismiss the F700, I cant see it.

Whatever happens, just dont delay the GS2 coming to the US...lol

 

[kodiak799]

Did someone copy someone? Maybe. Maybe both Apple and Samsung saw the design somewhere else and they both copied it. Samsung with that F700 and Apple with the orig iPhone.

Or maybe it was corporate espionage!

I think the design claim is just something that gets tacked onto a lawsuit - there IS a claim there, even if obviously completely lacking in merit. But probably just thrown in for a much stronger (albeit, still very questionable) claim on the icons and some other UI features.

Or it may all just be some strong-arm business tactic to try and gain leverage on some other negotiation between the companies.

 

[czerdrill]

This is silly stupidity on both sides, but that's what makes corporate lawsuits so fun haha

Sent from my Droid using Tapatalk

 

[Immolate]

"In a strange and clever move..."

Sorry but predictable and expected would be a more apt description. Countersuit and tit-for-tat are par for the course. It is interesting, but not even the smallest bit strange.

I hope Samsung gets its disclosure and Jobs loses sleep worrying about them leaking hot & juicy iPhone information to the eager cellphone paparazzi.