There’s been some news on the Apple vs. Samsung patent battle today with some recent Apple filings coming to light where Apple alleges that Samsung is “attempt[ing] to harass” them and that Samsung’s demands are not made in good faith – even going so far as to label Samsung as “the copyist” in the documents. It comes after Samsung requested Apple to hand over the iPhone 5 and iPad 3 (or the most recent prototype) to Samsung’s lawyers, which itself was a response to Apple’s request for several Samsung products that hadn’t yet been released (although they were announced).
Samsung’s Motion to Compel is an improper attempt to harass Apple by demanding production of extremely sensitive trade secrets that have no relevance to Apple’s likelihood of success on its infringement claims or to a preliminary injunction motion.
This Friday (1:30 PM Pacific Time) Apple and Samsung will meet with their judge for the purpose of discussing Samsung’s request for expedited delivery (Samsung gaining access to the next generation iPhone and iPad). Apple’s recent filings are in preparation for this court session. FOSS Patents has given the filings a good look over and found some highlights.
As many had expected, Apple’s lawyers make the note that Samsung is asking for much more than what Apple asked given that the Samsung products, although unreleased, had been fully revealed and were available for pre-order. By contrast the next generation iPhone and iPad do not officially exist – in fact it notes in its filings that “Apple is widely recognised as one of the most secretive companies in the world”.
It also tackles the idea that whilst Samsung’s law firm may not leak the details of the iPhone 5 and iPad 3, it could use their knowledge of them to form future patent infringement theories for other companies it represents – which includes other major Android device makers including Samsung, Motorola and HTC.
It also puts the argument that since no future iPhone or iPad products are included in Apple’s complaint of Samsung products, there isn’t reason to show them. It also dismisses Samsung’s suggestion that future design changes “could indicate that Apple is not as consistent as it claims, and consequently Apple’s related rights could be weaker”. Be sure to head over to FOSS Patents if you want a more thorough review of the recent filing and if you want to remind yourself of what the lawsuit is about, be sure to head over to read This Is My Next’s excellent analysis.
[Via FOSS Patents]
