Apple is seeking to deny Samsung’s request in May to see the “final, commercial version(s)” of the “iPhone 4S,” “iPhone 5,” “iPad 3” “third-generation iPad” and their retail packaging, reports “ZDNet” (http://macte.ch/vgy4U).
Apple filed a motion in the District Court for the Northern District of California asking the judge to refuse Samsung’s request. The filing says Samsung’s request “is not a good faith attempt to obtain information needed to defend against a preliminary injunction”. “Rather, it is a transparent and improper attempt to harass Apple by demanding extremely sensitive trade secrets that have no relevance to Apple’s infringement claims or to Samsung’s defenses to a preliminary injunction,” the documents add.
Last month Samsung Electronics sought a court order to force Apple to disclose iPhone and iPad models under development, claiming it needs the information to defend against allegations of copying. Samsung must see the final versions of the iPhone and iPad to “evaluate whether a likelihood of confusion exists” between Samsung and Apple products likely go on sale about the same time, according to documents filed May 27 by Suwon, South Korea-based Samsung in San Jose, California, federal court.
The move came a month after Apple asked the court to order the South Korean company to disclose unreleased Samsung products, according to the filing. Samsung’s request is part of a legal dispute between the two companies. In March Samsung filed patent lawsuits against Apple over the U.S. firm’s iPhone and iPad after Apple claimed Samsung’s smartphones and tablets “slavishly” copied its products. Apple’s 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.
— Dennis Sellers