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Wednesday May 25, 2011 11:05 am

Judge says Samsung must provide Apple with unreleased smartphones and tablets


iPhone samsung lawsuit

A federal judge last week ordered Samsung to hand over several unreleased cell phones and tablets to Apple as part of the latter's lawsuit against Samsung claiming patent and trademark infringement, as first reported by Courthouse News Service.

"Apple has demonstrated good cause for some, limited expedited discovery," said Judge Lucy Koh last Wednesday in a ruling for Apple in its request for samples of five Samsung products earlier than would normally be granted in such cases.

At the time of the ruling, Samsung had 30 days to deliver product samples, packaging and package inserts pertaining to its Google Android-based Galaxy S2, Infuse 4G, and Infuse 4G LTE smartphones, as well as two tablets, the Galaxy Tab 8.9 and Galaxy Tab 10.1.

Samsung will not be required to provide Apple with testimony from its executives.


Apple filed suit against Samsung in the U.S. for allegedly copying the design of the iPad and iPhone on April 15. The original complaint is here.

Samsung fired back the following week with three separate patent infringement suits in South Korea, Japan and Germany.

"Although the Court expresses no opinion on the merits of Apple's claims, the Court notes that Apple has produced images of Samsung products and other evidence that provide a reasonable basis for Apple's belief that Samsung's new products are designed to mimic Apple's products," Koh said in last week's ruling.

Apple's evidence in seeking the expedited discovery included media reports citing Samsung's reported plan to overhaul its Galaxy Tab 10.1 after the debut of the iPad 2, and a TV appearance by a Samsung executive who specifically referred to improving the tablet to better compete with the "very thin" iPad 2.

Apple, in its initial complaint, alleged that in developing smartphone and tablet products, Samsung had "chosen to slavishly copy Apple's innovative technology, distinctive user interfaces, and elegant and distinctive product and packaging design, in violation of Apple's valuable intellectual property rights."

This article, written by Damon Poeter, originally appeared on PCMag.com and is republished on Gear Live with the permission of Ziff Davis, Inc.

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