Samsung won't get peek at unreleased iPhone: ruling

The Apple logo is seen through raindrops on a window outside of the New York City flagship Apple store, January 18, 2011. REUTERS/Mike Segar

The Apple logo is seen through raindrops on a window outside of the New York City flagship Apple store, January 18, 2011.

Credit: Reuters/Mike Segar

NEW YORK | Wed Jun 22, 2011 11:29am EDT

NEW YORK (Reuters) - A U.S. judge rejected Samsung's request for a peek at Apple's unreleased iPhone and iPad, which was brought in the course of high-stakes patent litigation between the two companies.

Apple sued Samsung in April, claiming Samsung's Galaxy line of smartphones and tablets infringe several patents and trademarks. Samsung counter-sued, asserting its own patents against Apple.

Late last month, Samsung filed a request for Apple to hand over the unreleased versions of the iPhone and iPad, saying it would be "highly relevant" to its defense. A judge had already ordered Samsung to produce similar materials for Apple, Samsung attorneys argued in court filings.

Apple opposed the request, saying it was an attempt to "harass" Apple into disclosing extremely sensitive trade secrets.

In a ruling released late on Tuesday, U.S. District Judge Lucy Koh said Apple's legal claims are only based on its products that have already hit the market.

"Common sense suggests that allegations of copying are necessarily directed at Apple's existing products, to which Samsung has access and could potentially mimic," Koh wrote, "and not at Apple's unreleased, inaccessible, next generation products."

Representatives from Apple and Samsung could not immediately be reached for a comment.

Samsung's Galaxy products use Google's Android operating system, which directly competes with Apple's mobile software.

The case in U.S. District Court, Northern District of California is Apple Inc v. Samsung Electronics Co Ltd et al, 11-1846.

(Reporting by Dan Levine, editing by Maureen Bavdek)

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Comments (3)
bmmm wrote:
How embarrassing for Samsung. Of course they wanted a “peek” at the products they will be feverishly copying in 6 months. Your state supported conglomerate may be a big one Samsung, but you’ll never really matter until you learn the most important skill of survival in the first-world polo match: innovation. Welcome to the adult’s table.

Jun 22, 2011 1:45pm EDT  --  Report as abuse
justmewhoelse wrote:
How can you call it copying when all that the phones and tablets contain is a slab of glass and a single button on the front. Apple’s has lost it.

Jun 22, 2011 2:15pm EDT  --  Report as abuse
Do the Samsung has the right to do that demand? I guess it’s Apple who has the right to demand such.

Los Angeles Iphone Developer

Jun 23, 2011 7:39am EDT  --  Report as abuse
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