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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RE[2]: Not about fairness so much..
by tupp on Sun 29th May 2011 22:33 UTC in reply to "RE: Not about fairness so much.."
tupp
Member since:
2006-11-12

Many things wrong with your understanding of this situation ...

Certainly, someone's understanding of the situation is incorrect (probably clouded by the RDF).


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.

It is irrelevant as to who from Apple views the products. For this forced disclosure to make sense, the representatives from Apple will have to understand the essence of Samsung's products, whether the Apple reps are lawyers, engineers or janitors.

I would hope that a very restrictive NDA is implemented.


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

If so, why does Apple need to see the products? They have already been disclosed.


3) Apple is litigating on the basis that Apple's current products are being copied by Samsung's current AND future products.

A lawsuit regarding what the defendant is thinking about the future has a very weak basis. However, with some of the crazy decisions that courts have made lately, any outcome is possible.


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.

You can sue someone because their eyes are blue, but that doesn't mean you will win the case.

Furthermore, patents require disclosure, but copyrights do not. So, you could have a strong case by suing a second party for infringing on your copyright-protected software, that no one else has ever seen before.

In most jurisdictions, a patent gives someone the exclusive right to prevent others from making, using, selling, or distributing the patented invention without permission. So, if Apple is suing in regards to its patented technology, then it can stop Samsung from merely making any infringing prototypes or production models.

Ideally, the most compensation Apple could get in such a case would be limited to court costs and attorneys' fees. However, if Samsung sold/distributed infringing techonology or used the technology, then Apple could/should get additional compensation.

Design patents are probably a little different, because they rely on someone's subjective judgement on whether one design is like another design, and they also rely on the judge's sense of design history. I imagine that the judge(s) will have to be informed by Samsung about Apple's design banality and Apple's unabashed copying of others.

Don't really see ho Apple could win much of anything if it base its claims on Samsung's mere intent for future products (which includes drawings and other visual mock-ups). But, again, in these crazy times, anything is possible.

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