Apple: Samsung “The Copyist” Is Attempting To Harass Us

There’s been some news on the Apple vs. Samsung patent battle today with some recent Apple filings coming to light where Apple alleges that Samsung is “attempt[ing] to harass” them and that Samsung’s demands are not made in good faith – even going so far as to label Samsung as “the copyist” in the documents. It comes after Samsung requested Apple to hand over the iPhone 5 and iPad 3 (or the most recent prototype) to Samsung’s lawyers, which itself was a response to Apple’s request for several Samsung products that hadn’t yet been released (although they were announced).

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.

This Friday (1:30 PM Pacific Time) Apple and Samsung will meet with their judge for the purpose of discussing Samsung’s request for expedited delivery (Samsung gaining access to the next generation iPhone and iPad). Apple’s recent filings are in preparation for this court session. FOSS Patents has given the filings a good look over and found some highlights.

As many had expected, Apple’s lawyers make the note that Samsung is asking for much more than what Apple asked given that the Samsung products, although unreleased, had been fully revealed and were available for pre-order. By contrast the next generation iPhone and iPad do not officially exist – in fact it notes in its filings that “Apple is widely recognised as one of the most secretive companies in the world”.

It also tackles the idea that whilst Samsung’s law firm may not leak the details of the iPhone 5 and iPad 3, it could use their knowledge of them to form future patent infringement theories for other companies it represents – which includes other major Android device makers including Samsung, Motorola and HTC.

It also puts the argument that since no future iPhone or iPad products are included in Apple’s complaint of Samsung products, there isn’t reason to show them. It also dismisses Samsung’s suggestion that future design changes “could indicate that Apple is not as consistent as it claims, and consequently Apple’s related rights could be weaker”. Be sure to head over to FOSS Patents if you want a more thorough review of the recent filing and if you want to remind yourself of what the lawsuit is about, be sure to head over to read This Is My Next’s excellent analysis.

[Via FOSS Patents]

Unlock More with Club MacStories

Founded in 2015, Club MacStories has delivered exclusive content every week for over six years.

In that time, members have enjoyed nearly 400 weekly and monthly newsletters packed with more of your favorite MacStories writing as well as Club-only podcasts, eBooks, discounts on apps, icons, and services. Join today, and you’ll get everything new that we publish every week, plus access to our entire archive of back issues and downloadable perks.

The Club expanded in 2021 with Club MacStories+ and Club Premier. Club MacStories+ members enjoy even more exclusive stories, a vibrant Discord community, a rotating roster of app discounts, and more. And, with Club Premier, you get everything we offer at every Club level plus an extended, ad-free version of our podcast AppStories that is delivered early each week in high-bitrate audio.

Choose the Club plan that’s right for you:

  • Club MacStories: Weekly and monthly newsletters via email and the web that are brimming with app collections, tips, automation workflows, longform writing, a Club-only podcast, periodic giveaways, and more;
  • Club MacStories+: Everything that Club MacStories offers, plus exclusive content like Federico’s Automation Academy and John’s Macintosh Desktop Experience, a powerful web app for searching and exploring over 6 years of content and creating custom RSS feeds of Club content, an active Discord community, and a rotating collection of discounts, and more;
  • Club Premier: Everything in from our other plans and AppStories+, an extended version of our flagship podcast that’s delivered early, ad-free, and in high-bitrate audio.