The back-and-forth between Samsung and Apple continues, with the former requesting to see an advanced copy of the latter's upcoming products.
Samsung filed a motion in the Santa Clara Superior Court requesting Apple hand over advanced copies of its iPhone 5 and iPad 3. This comes not long after Apple asked the same court to have Samsung turn over some of its devices, including the soon to be released Galaxy Tab 10.1 tablet. The issues at hand involve patent disputes.
Samsung said in a statement, they should be allowed to look at the future iPhone 5 and iPhone 3 to, prepare its defense against any preliminary injunction motion brought against Samsung by Apple for trademark or trade dress infringement. In the request, Samsung specifically mentions a sample of the final, commercial version of the next generation iPhone and the next generation iPad.
In the original complaint and lawsuit from Apple, the Cupertino based company accused Samsung of slavishly copying Apple's design. Apple named Samsung Electronics, Samsung America and Samsung Telecommunications America as defendants and cited the Galaxy Tab and Epic 4G, Captivate, Indulge, Nexus S and Galaxy S 4G smartphones as examples of copied devices.
The copying is so pervasive, that the Samsung Galaxy products appear to be actual Apple products -- with the same rectangular shape with rounded corners, silver edging, a flat surface face with substantial top and bottom black borders, gently curving edges on the back, and a display of colorful square icons with rounded corners, the complaint said.
However, Samsung denies it copied Apple's design. In an interview with The Wall St. Journal, J.K. Shin, head of Samsung's Mobile Communications, said, We didn't copy Apple's design. We have used many similar designs over the past years and it will not be legally problematic.
In the same interview, the company took shots at Apple by committing itself to the Google Android platform. Shin said Android is the fastest-growing platform and that it is where the market is headed.
In the motion filed by Samsung, the company used Apple's comments against them. It said Apple, in its original motion, said it was willing to live by the rules that you set for us, because we want an injunction here and we're not going to get an injunction here if we're not reciprocal in discovery. Samsung's lawyers say this indicates Apple should be willing to give up its products.
The district Judge, Lucy Haeran Koh, may have anticipated this during the initial ruling when she said, 'And let me just say to counsel for Apple, I'm not going to be happy if you're not [sic] going to say what's good for the goose is not good for the gander. Okay?'
Since the iPhone 5 and iPad 3 aren't officially products yet, Apple has said there is no way Samsung could file this injunction. Apple said Samsung could only request this for products available on the market.