Linked by Thom Holwerda on Sun 29th May 2011 17:23 UTC, submitted by John
Legal In order to not overwhelm OSNews with even more legal news, I didn't report on the recent developments in Apple v. Samsung until we had some more stuff to consolidate. Well, since the goings been getting good lately there, let's talk about it. Samsung was ordered to hand over a slew of unreleased products and materials to Apple, and now, Samsung, for its part, has demanded that Apple hands over the iPhone 5 and iPad 3 to Samsung. If they exist. This is gettin' good.
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looncraz
Member since:
2005-07-24


1) Apple does not get to 'have' any unreleased products. They will be able to have their attorneys look at these products in a room with Samsung attorneys.


A sneak peek is a sneak peek is a sneak peek.


2) The Samsung products in questions have already been displayed and in some cases given to journalists and such so these are not 'secrets' of Samsung. I


There is a significant different between display and hands-on. Not to say that this doesn't weaken the point, but it does not obliterate it.


3) Apple is litigating on the basis that Apple's current products are being copied by Samsung's current AND future products. You can't sue someone for copying a product that no one has seen unless you're claiming you trade secrets were stolen, which Apple is not.


I specifically stated that Apple could make such claims to protect their case by claiming future Apple products had in fact also been copied. Samsung could not protect themselves from such a claim without like-access to Apple's in-development products.

If you deny Samsung access to the iCrap 3 then Apple can keep the case alive by claiming corporate spies are at play, to which Samsung could not answer. Judges are suppose to look forward to such shenanigans.

Further, it is likely that Samsung devices could be copied by the iCrap 3 given such accesses without a display of status for in-development iCrap products. This is like the court ordering you to give up your product development DETAILS to a rival company, without any benefit of protection.

Naturally, however, the judge can always deny now, and wait for Samsung to issue another request when the time is needed, but Samsung would likely prefer to use it as an excuse for another lawsuit of similar design as the one at hand.

Happens ALL THE TIME.

You must remember, you are not dealing with humans. These are lawyers. The outcome of a case all too often has scant connection with the merits of original complaint, though that depends on the judge.

--The loon

PS: You also must consider that there is a counter-suit, without it denial would be a given.

EDIT: oops...

Edited 2011-05-29 19:18 UTC

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