You have seen that in the ongoing patent and trademark battle between Apple Vs Samsung.Apple had filed a lawsuit against Samsung stating that Samsung has been replicating Apple iPod and iPad’s design and user interface for devices like Samsung Nexus S, Captivate, Continuum, and Mesmerize.According to ThisIsMyNext’s Nilay Patel and also reports from Computerworld, Samsung’s lawyers have asked U.S. District Court Judge Koh to order Apple to hand over the company’s latest iPhone 4S, iPhone 5 and iPad 3 prototypes so they can check their own hardware doesn’t mirror that of hardware coming from Cupertino any time soon.
The move from Samsung comes after they were ordered to hand over examples of its Droid Charge, Infuse 4G, Galaxy S II, and Galaxy Tab 10.1 and 8.9. The aim of the game here is apparently so Apple can decide whether they should be part of the company’s original lawsuit over trade-dress infringement where the legal team from Cupertino claims Samsung’s Galaxy S smartphone rips off the iPhone’s icons and UI. This counter from Samsung does differ slightly however. While Apple asked to see hardware that’s largely already available to the public (the Galaxy Tab 8.9 is the only exception)
Granted neither Samsung nor Apple will actually see the devices – their lawyers will be the only ones to witness them – the move is still one that will raise eyebrows. Apple isn’t known for sharing its prototypes with anyone – well, excluding the infamous iPhone 4!.The consensus among the people in the know is that Samsung are on a bit of a fishing expedition here. The claim that they need to see Apple’s future devices so they can decide whether they may be similar to their own just in case Apple decides to go after them is a bit of a stretch, but when courts are involved anything could happen.
Apple responded that Apple 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,’” the motion said Apple’s attorney told Koh on May 12
Assuming Koh agrees with Samsung, Apple would have until June 17 to hand over the iPhone and iPad samples.Samsung’s move followed Apple’s motion earlier this month demanding that its rival show it several of its newest smartphones and tablets as part of the discovery phase of a lawsuit Apple filed against Samsung. Koh granted Apple’s motion.
Most analysts believe Apple will not begin selling a new iPhone until September, breaking with its practice the last four years, when it launched a new model in June or July.According to Samsung’s motion, Apple’s lawyers agreed to reciprocal disclosure during a May 12 hearing, and Judge Koh said she expected as much from Apple.
Samsung said it would abide by the same rules set by Koh for Apple, and that the next-generation iPhone and iPad would be examined by outside counsel only, and not shown to Samsung employees.Despite of Apple and Samsung being great business partners/supporters in the past, it looks like that the battle has just begin and it will intensify with time which may effect Apple’s sales and value in the market.