United States District Court Judge Lucy H. Koh this week denied Samsung’s request to preview Apple’s upcoming iPhone and iPad in relation to the intellectual property suit lodged by Apple against Samsung.
Koh found no “good cause to justify expedited discovery of Apple’s future products, packaging, and packaging inserts,” and for that reason, Koh denied Samsung’s motion for expedited discovery. However, she believes Samsung has the right to “parity in discovery directed at Apple’s potential preliminary injunction motion.”
Apple’s original complaint against Samsung dealt with alleged infringement of already existing products from Samsung. Koh took this into account when responding to Samsung’s reciprocal discovery motion. Koh also noted Apple’s ultrasecretive approach towards providing the public with information of upcoming devices–a secrecy that Samsung doesn’t seem to practice. Samsung released 5,000 samples of the Galaxy Tab 10.1 earlier this year.
Florian Mueller of FOSS Patents has an interesting analysis of this latest development. First, Apple gets some good news–but only for the time being. Second, Apple gets some bad news in the form of a portion in the court order which, according to Mueller, hints that “Apple may not get a preliminary injunction against the sale of certain Samsung products in the United States at this stage.”
Earlier, Apple had requested the court to allow Apple to view Samsung’s products, specifically the Galaxy S II, Galaxy Tab 8.9 and 10.1, the Infuse 4G, and the Droid Charge, all of which Apple alleged to be infringing on the latter’s intellectual property. Samsung responded by requesting a similar privilege to preview Apple’s upcoming iPhone 5 and iPad 3. It was this latter request that Koh denied this week.
The legal interlocution between Apple and Samsung may not quiet down soon. There’s also the possibility that the now-warring parties–formerly close buddies (as Samsung supplies semiconductors to Apple)–may reach and out-of-court settlement, as top brass of both companies have been reportedly “meeting and talking.”
Which do you think will be better for everyone? Jury trial? Or amicable settlement?
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It is only a matter of time.
Slowly but surely Apple will be consumed by its own acid, acrimonious attitude. They can only hide behind the legal system for so long in their attempts to protect and keep all to themselves the domains they think belong exclusively to them.
Apparently they do not realize – I won’t warn them if you don’t – what always, ultimately happens to those who fly in the face of reality; in the face of creativity; in the face of individual, intellectual freedom. What is that fate? Here’s a hint – if you are not being creative; you are being destructive, and those who engage in destruction end up – destroyed.
Oh well, they certainly do provide one with a fun respite and target to write about while they play the the roles of both villain and fool to ultimate perfection!