Referring to Samsung as "the copyist" in documents filed regarding the Apple-Samsung legal scuffle, Cupertino is asking the courts to deny the Koreans' request to examine the next iPhone and the iPad 3.
Apple has been granted the privileges to review the Samsung Galaxy S II and the Galaxy Tab 10.1 so as to see if they don't infringe on any design and other patents it is holding. Samsung's request to see the next versions of the iPhone and iPad was quite a stretch, considering that its flasghip smartphone and tablet are already on the market, where they can be accessed by anybody, whereas Apple's new hotness is still in stealth mode.
The court is expected to announce a decision regarding Samsung's request this week or the next at the latest, since it will look at the motion on Friday, when Samsung also has to give the requested gear to Apple. It would be surprising if Samsung gets the permission, but Apple doesn't want to take any chances, and is asking the following in its filing:
"Samsung’s Motion to Compel is an improper attempt to harass Apple by demanding production of extremely sensitive trade secrets that have no relevance to Apple’s likelihood of success on its infringement claims or to a preliminary injunction motion. Apple made a compelling showing in its motion to expedite discovery that Apple needs samples of products that Samsung has already announced, distributed, and described, so that Apple can evaluate whether to file a preliminary injunction motion against those products, which look strikingly similar to the distinctive trade dress of Apple’s current products. Samsung has made no such showing about Apple’s future products. Therefore, Samsung’s Motion to Compel should be denied."
We love the harassment part of the above statement, and can't wait for the legal tussle between these two to start producing some more gems for us pure spectators. The Nokia-Apple feud is already in the history books, for lawyers' regret.
source: FOSSPatents via AppleInsider
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