Samsung Demands To See the iPhone 5 and iPad 3 In Court

Illustration for article titled Samsung Demands To See the iPhone 5 and iPad 3 In Court

The legal slugfest between partners-turned-competitors Apple and Samsung continues: Samsung has demanded that Apple release the iPhone 4S/5 and iPad 3 to their lawyers as part of a discovery process to determine if there was any infringement on Apple's part.

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This comes days after Apple demanded that Samsung hand over the Droid Charge, Infuse 4G, Galaxy S II, Galaxy Tab 10.1 and Galaxy Tab 8.9 to see whether or not these products should be blocked from the market. What's interesting and, frankly, a little weird about motion is that Apple has little at stake. While Samsung's line is for the most part on the market to be reviewed, Apple is characteristically hush-hush about whether or not the new iPhone and iPad exist, let alone when they will be released. They could very well kill the motion before it can get anywhere.

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Nilay Patel of This Is My Next believes that if Samsung can get Apple to take the bait, they can have Apple play their game by their terms:

Apple and Samsung held negotiations for a year before giving up and heading to the courts, and I'm reliably informed that there haven't been any substantive settlement discussions since Apple first filed its complaint. That means talks have been at a standstill for a long time now, and I wouldn't be surprised if Samsung was trying to put some additional heat on Apple to try and kick negotiations back into gear.

Your move, Apple. [This Is My Next]

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DISCUSSION

vp9000
Dr.Nemmo and his time-travelling submarine

Nobody is guilty of anything until they have done something. I can fantasize about entering Fort Knox and taking all the gold away, but I'm not guilty of doing it until I try it.

The same principle applies here: Samsung can't ask for a final product on the basis that it might violate some copyrights - the product can't be infringing anything until it's there in the market. Until then, the product is just prototypes, plans and projects.

Both parts can claim copyright infringement once they have (supposedly) violated the law. If they want, they can sue now, but they should change the charges (industrial espionage in that case).