Samsung has countered Apple’s action by filing a motion to see the final copies of the iPhone and iPad’s commercial version by June 13, 2011. Apple filed a patent suit against Samsung for allegedly copying Apple’s technology, user interface and innovative style, the look and feel of the iPhone, iPad and iPod touch. Samsung would like to take a look at the final version of the said products whether the product names will be iPhone 4S, iPhone 5 or any other name.
Samsung, in a statement, said the company is responding actively to the legal action taken by Apple against them in order to protect their intellectual property and to ensure continued innovation and growth in the mobile communications business. Their latest action is an answer to Apple’s motion for an apparently expedited discovery of Samsung’s yet to be released products. On Tuesday, a judge from a federal court in San Jose favored Apple and ordered Samsung to show its devices’ trial products in 30 days. The judge decided though that no Apple legal team or engineering personnel are allowed to have access to the devices but only outside counsel. The product samples Samsung has to provide are: Galaxy S2, Galaxy Tab 8.9, Galaxy Tab 10.1, Infuse 4G, and 4G LTE Droid Charge.
Samsung has made internet reports and Apple’s previous practice as basis for its motion even if Apple is yet to announce iPhone’s new version. This makes Apple’s ‘expedited discovery’ motion different from Samsung’s in the sense that it only covered announced products. Should the final versions be unavailable by June 13, Samsung opts for the products’ most current version instead. The company said they would also obey the limitation set by Apple’s motion.
Samsung’s request to see Apple’s products is in line with their preparation for a possible motion for a preliminary injunction. Apple was said to have told Samsung that such action would be based on products they currently have in the market. Samsung said they need to be ready for the products that are actually available in the market when motion is filed by Apple as Apple habitually discontinues products after a new version is launched. Samsung said the appeal that Apple has to provide device prototypes for is fundamental fairness.
Apple and Samsung’s legal battle is critical considering the fact that Apple was Samsung’s 2010 2nd largest client, next to Sony. Apple represented $5.68 billion (4%) of Samsung’s $142 billion profit last year. Recently, Apple COO Tim Cook admitted that Samsung is still a valuable components supplier despite the suit. He said they felt the mobile communication division of Samsung had crossed the line, and after trying for some time to work out the issue, they decided they needed to rely on the courts.