Samsung Electronics has been ordered to turn over five of its not-yet-released mobile phones to Apple, reports the “Courthouse News Service” (http://macte.ch/YxXXw). Sitting in Federal Court in San Jose, Judge Lucy Koh ruled that Apple deserves the quick production of cell phone samples three months earlier than usual in the litigation process, though she drew the line at requiring testimony from Samsung executives, the article adds.
”Apple has demonstrated good cause for some, limited expedited discovery,” Koh said. “While Apple has not yet filed a motion for preliminary injunction, courts have found that expedited discovery may be justified to allow a plaintiff to determine whether to seek an early injunction.
Among other evidence presented by Apple, the judge cited a TV news report that quotes a Samsung executive saying, “We will have to improve the parts [of the Galaxy Tab 10.1] that are inadequate. Apple made [the iPad 2] very thin,” notes the “Courthouse News Service.” The judge gave Samsung 30 days to hand over product samples, packaging, and package inserts to the Galaxy S2, Galaxy Tab 8.9, Galaxy Tab 10.1, Infuse 4G, and 4G LTE or “Droid Charge.”
An Apple lawsuit filed on April 15 in the U.S. claims Samsung’s mobile phones and Galaxy Tab. Apple says Samsung “slavishly” copied the iPhone and iPad.
“Rather than innovate and develop its own technology and a unique Samsung style for its smart phone products and computer tablets, Samsung chose to copy Apple’s technology, user interface and innovative style in these infringing products,” the lawsuit reads.
The lawsuit, filed in US District Court in Northern California, alleges Samsung copied the look, product design and product user interface of Apple’s products. Samsung violated Apple’s patents and trademarks, the suit alleges.