Samsung Forced To Deliver Prototypes To Apple - InformationWeek
Mobile // Mobile Devices
11:43 AM
How Upwork Cut Zero-Day File Attacks by 70%
Oct 05, 2017
Upwork has millions of clients and freelancers that have to upload and download many files to and ...Read More>>

Samsung Forced To Deliver Prototypes To Apple

A federal judge has ruled that Samsung must turn over five unreleased smartphones and tablets to Apple in a case involving patent infringement claims.

Samsung Galaxy Tab 10.1
Slideshow: Samsung Galaxy Tab 10.1
(click image for larger view and for slideshow)
Samsung Electronics was dealt a blow in a patent infringement lawsuit filed by Apple. The company has to send five unreleased handsets to Apple, thanks to a ruling issued last week by San Jose federal court judge Lucy Koh. Normally, Samsung would have three months to produce the handsets, but Koh notes that there's enough merit to Apple's claims to expedite the delivery of the handsets within 30 days.

"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."

Apple sued Samsung in April, alleging that Samsung is willfully designing and creating products that mimic the look and design of its devices, specifically the iPhone and iPad.

Apple's lawsuit states: "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 devices in question include the Galaxy S2, Galaxy Tab 8.9, Galaxy Tab 10.1, Infuse 4G, and Droid Charge. Samsung also has to produce the packaging, which Apple says copies its designs, too.

The ruling states, "In particular, the design and appearance of Samsung's forthcoming products and packaging are directly relevant to Apple's trademark, trade dress, and design claims. Because these claims are subject to consumer confusion and 'ordinary observer' standards, the products themselves and the packaging in which they are sold are likely to be central to any motion for preliminary injunction."

Samsung, of course, hoped that it could keep Apple from getting its hands on the products, arguing that they hadn't been sufficiently announced to the public. It said that giving Apple access to the unreleased products would give Apple an unfair competitive advantage. The court, however, disagreed.

Apple pointed out that Samsung gave more than 5,000 samples of the Galaxy Tab 10.1 to attendees of Google's recent I/O developer conference, and had already released images, details, and other information about the other products in question to members of the media.

Apple itself will not be able to look at the products, and neither will its in-house lawyers. Instead, the team of lawyers Apple hired for this case will be the only ones with access to Samsung's devices.

The judge didn't make any rulings on the lawsuit itself.

Enterprise Connect is taking our deep mobility expertise and bringing it to your desktop with a one-day virtual event, The Future Of The Mobile Enterprise, to be held Wednesday, June 8. Ever-increasing mobility is perhaps the most important trend affecting enterprise communications today. Learn how to support and secure smartphones, deal with the effect of tablets on IT planning, and more. Register now.

Comment  | 
Print  | 
More Insights
Newest First  |  Oldest First  |  Threaded View
How Enterprises Are Attacking the IT Security Enterprise
How Enterprises Are Attacking the IT Security Enterprise
To learn more about what organizations are doing to tackle attacks and threats we surveyed a group of 300 IT and infosec professionals to find out what their biggest IT security challenges are and what they're doing to defend against today's threats. Download the report to see what they're saying.
Register for InformationWeek Newsletters
White Papers
Current Issue
Digital Transformation Myths & Truths
Transformation is on every IT organization's to-do list, but effectively transforming IT means a major shift in technology as well as business models and culture. In this IT Trend Report, we examine some of the misconceptions of digital transformation and look at steps you can take to succeed technically and culturally.
Twitter Feed
Sponsored Live Streaming Video
Everything You've Been Told About Mobility Is Wrong
Attend this video symposium with Sean Wisdom, Global Director of Mobility Solutions, and learn about how you can harness powerful new products to mobilize your business potential.
Flash Poll