Apple: Samsung's request for access to the iPhone 5 and iPad 3 is harassment

Alex Wagner
Editorial Director of News and Content from Omaha, NE
Published: June 14, 2011

Samsung Galaxy S Apple iPhone

Apple may have settled its long-standing patent dispute with Nokia earlier this morning, but the Cupertino firm's legal battle with Samsung is still going strong. The most recent development in the case was discovered yesterday, which saw Apple file a response to Samsung's request for access to the iPhone 5 and iPad 3. In the filing, Apple says that Samsung's request is "an improper attempt to harass," and Apple even begins referring to Samsung as "the copyist" in the filing. Apple goes on to say it doesn't believe that Samsung should be granted access to the new iPhone and iPad because Apple is suing over products that already exist, not ones that may exist in the future. An excerpt from Apple's filing is available below:

"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."

It doesn't come as much of a surprise that Apple doesn't want to give up access to its upcoming iPhone and iPad, even though Samsung has said that it isn't trying to get a peek at the devices just to try and spy on Apple. After all, as Apple's chief patent counsel Richard J. Lutton points out, "Apple is widely recognized as one of the most secretive companies in the world." It's not yet clear exactly how the court will rule when it comes to Samsung's request to see the iPhone 5 and iPad 3, but a decision is expected to come later this week or early next week. Stay tuned!

Via AppleInsider, FOSS Patents

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