Judge declines Samsung request to see the iPhone 5 and iPad 3

A judge working on an infringement case between both Apple and Samsung has denied a Samsung request to see Apple’s iPhone 5 and iPad 3 devices, saying that the company is not required to hand over any of its future iOS hardware to Samsung’s lawyers

However, according to MacRumors, the judge did agreed that there is some merit to Samsung saying that their upcoming devices that are claimed to be infringing on Apple’s designs and packaging should only have to be compared to Apple’s future generation of hardware and not the current generation which consists of the iPhone 4 and iPad 2.

The judge overriding the case said, “Samsung is free to argue, for instance, that there is little likelihood of confusion because consumers will not encounter its products side-by-side with the iPhone 4 or iPad 2, but rather with Apple's next generation iPhone and iPad. Similarly, as to proximity, Samsung is free to argue that because the iPhone 4 and [iPad] 2 will soon be outmoded and reduced in price, they are not being sold (or very soon will not be sold) to the same class of purchasers who are likely to buy new Samsung products. By choosing to allege infringement only of its current products, Apple opens itself up to these arguments. ”

It was late last month that saw Samsung’s lawyers file a motion for the rights to see Apple's upcoming iPhone 5 and iPad 3. The motion requested that Samsung's lawyers be able to see a final (commercial) version of the iPhone 5, or rumored as the iPhone 4S, and the iPad 3. They claimed that in doing so, they could change their products to try and stop any future accusations of copying by Apple.

Apple responded by filing a request in the District Court for the Northern District of California last week asking the court to deny Samsung's request to see the designs for their future iOS hardware.

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Wait a minute. Wasn't there a picture of a Samsung product which resembled an iPhone, which was released BEFORE the iPhone? Why is this case even still in court?

I love following technology news, but when the news becomes about stupid patents and patent trolls, it gets so depressing.

Chugworth said,
Wait a minute. Wasn't there a picture of a Samsung product which resembled an iPhone, which was released BEFORE the iPhone? Why is this case even still in court?

I love following technology news, but when the news becomes about stupid patents and patent trolls, it gets so depressing.

That story was incorrect

evo_spook said,

That story was incorrect

Though it's worth pointing out, and correct me if I'm wrong but one of the first touchscreen mobile phones to market was the LG Prada (January 2007) and not the iPhone (June 2007).

It is part of the Samsung strategy.

Apple claimed that Samsung copied an unreleased product a, Samsung replied with this "absurd" request.

Anyone surprised by this?? Apple is an American company, Samsung a Korean business... The judge probably don't give a damn thing about foreign enterprise. This is obviously a biased decision.

djesteban said,
Anyone surprised by this?? Apple is an American company, Samsung a Korean business... The judge probably don't give a damn thing about foreign enterprise. This is obviously a biased decision.

So this has nothing to do with Apple asking to see products that Samsung has already released and Samsung wants to see confidential products?

DukeEsquire said,
So this has nothing to do with Apple asking to see products that Samsung has already released and Samsung wants to see confidential products?
Apple wanted access to Samsung's released and un-released products.

cybertimber2008 said,
Apple wanted access to Samsung's released and un-released products.

No they didn't. Every product they asked for was either already on sale or had been given away at Samsung events.

I'm confused about this...

the judge did agreed that there is some merit to Samsung saying that their upcoming devices that are claimed to be infringing on Apple's designs and packaging should only have to be compared to Apple's future generation of hardware and [u]not[/u] the current generation which consists of the iPhone 4 and iPad 2.

Why should their current devices be compared to apples future hardware only? That's oranges to apples, quite literally. Compare current gen to current gen, and samsung announced devices to current gen. You can't say that samsung's announced devices infringe on a product that hasn't been shown or announced... that's just silly!

"Steve: I had this device form-factor pictured in my head for the iPhone 2014 Q4 release. Sue them please".

Elessar said,
Such bull****! Apple can request sensitive information regarding their competition but Samsung can't?

Follow the case - why would Samsung need to check out the iPad 3 etc to help make sure they don't copy them. It was a stupid request rightly overruled, you don't need to be a fan of either company to know that

Elessar said,
Such bull****! Apple can request sensitive information regarding their competition but Samsung can't?

All of the information Apple got was about Samsung products that are either on sale or will be on sale very soon, and have already been demonstrated in detail... Samsung requested information about secret future Apple products.

Elessar said,
Such bull****! Apple can request sensitive information regarding their competition but Samsung can't?

classic 10 year boy old judgment

Deniss said,

classic 10 year boy old judgment

My concern is a major competitor such as Apple getting their hands on products not yet released. Being publicly demo'd is one thing, getting hands-on and the ability to dissect the hardware is completely different.

Because what Samsung is saying makes no sense and holds no relevance in their case: They want to see the iPad 3 and iPhone 5 so they can know for sure they're not copying Apple again?? The case is about Samsung copying current Apple hardware/software designs, not future ones.

Why is someone automatically an "Apple Fanboy" if they agree with Apple on an occasion?

.Neo said,
Because what Samsung is saying makes no sense and holds no relevance in their case: They want to see the iPad 3 and iPhone 5 so they can know for sure they're not copying Apple again?? The case is about Samsung copying current Apple hardware/software designs, not future ones.

Why is someone automatically an "Apple Fanboy" if they agree with Apple on an occasion?

I'm glad someone actually understands this case. If Samsung wants to see future hardware, they are saying they don't want to copy Apples products in any direction of their future hardware, however, the case is the current issues. It's about Apple suing Samsung for thinking they've copied designs qualities, not the other way round, so why would Samsung want to make sure their future devices don't want to look similar to Apples?, It's not going to resolve anything, the current affair still stands.

.Neo said,
Because what Samsung is saying makes no sense and holds no relevance in their case: They want to see the iPad 3 and iPhone 5 so they can know for sure they're not copying Apple again?? The case is about Samsung copying current Apple hardware/software designs, not future ones.

Why is someone automatically an "Apple Fanboy" if they agree with Apple on an occasion?

Yea, I re-read the case a few days ago as I was originally mistaken. I am expecting that Samsung will be suing Apple more when Apple starts producing more devices. Even if Apple doesnt steal Samsungs ideas....Samsung may still try to claim they did. Never ending cycle.

Shaun said,
WTF? Judge is am Apple Fanboy?! Why would he decline it?
Because Samsung didn't have a valid reason

Lunfai said,

I'm glad someone actually understands this case. If Samsung wants to see future hardware, they are saying they don't want to copy Apples products in any direction of their future hardware, however, the case is the current issues. It's about Apple suing Samsung for thinking they've copied designs qualities, not the other way round, so why would Samsung want to make sure their future devices don't want to look similar to Apples?, It's not going to resolve anything, the current affair still stands.


Yeah, but when Samsung designed the current products that Apple was suing for wasn't Apple's design was still in development too? It's not like Samsung's infringing (in the eyes of Apple) products came out a year after the iPhone 4 was unveiled. Not only that, Apple was granted permission to see Samsung's future products, so I don't understand why there is a double standard.

Shaun said,
WTF? Judge is am Apple Fanboy?! Why would he decline it?
I think Shaun missed a '/s'. He's obviously kidding.

Trueblue711 said,

Yeah, but when Samsung designed the current products that Apple was suing for wasn't Apple's design was still in development too? It's not like Samsung's infringing (in the eyes of Apple) products came out a year after the iPhone 4 was unveiled. Not only that, Apple was granted permission to see Samsung's future products, so I don't understand why there is a double standard.

I'm not on about the case itself since there's some pretty reckless things Apple has done with this case, but I think that the idea behind seeing Samsungs already announced future products is that, these devices would determine the similarities between the current iOS devices and the Samsung devices that they plan to release. What difference would it make to this case if Samsung gets to see the new Apple devices? It's not going to change anything.

I do think Apple is kinda stupid for making this claim, and I have my fair share of Apple products, but I'm not exactly a 'fanboy', I just like their product reassurance. But I have to admit, I see the Galaxy phone (not sue which one, the first one?) and keep thinking it's an iPhone 3G/S.., Sounds strange but I really do see similarities between them. + the Samsung charging cable for the Galaxy Tab is identical to Apples, I'm not saying they've necessary copied it, but it's quite an usual charger design in the first place, and it could be passed off as an Apple charger if it weren't for the Samsung label.

Trueblue711 said,

Not only that, Apple was granted permission to see Samsung's future products, so I don't understand why there is a double standard.

Its very simple. Samsung has already announced their upcoming products and revealed their respective specifications and features, while Apple doesnt announce its future product upgrades and likes to keep them a secret.

Trueblue711 said,

Not only that, Apple was granted permission to see Samsung's future products, so I don't understand why there is a double standard.

Its very simple. Samsung has already announced their upcoming products and their respective specifications and features, while Apple doesnt announce its future product upgrades and likes to keep them a secret.

Lunfai said,

I'm glad someone actually understands this case. If Samsung wants to see future hardware, they are saying they don't want to copy Apples products in any direction of their future hardware, however, the case is the current issues. It's about Apple suing Samsung for thinking they've copied designs qualities, not the other way round, so why would Samsung want to make sure their future devices don't want to look similar to Apples?, It's not going to resolve anything, the current affair still stands.


Actually it's Apple using Samsung's hardware...

Anyway. It's a large fail of US legal system. But Samsung still have a Chinese and Korean options. And i'm sure Chinese and Korean judges will be professionals.