Samsung demands to see iPhone 5, iPad 3

According to This is my Next, after a judge ruled that Apple's outside council gets to see unreleased Samsung phones, Samsung has fired back demanding to see Apple's presumably upcoming iPhone 5 and iPad 3. Of course, part of the judge's ruling was based on Samsung having shown off or given away pre-release devices to the media and developers, and Apple absolutely does not breathe word one about their products until Steve Jobs or another exec holds them up on stage.

  • Samsung says it has to see the next-gen iPhone and iPad because it believes those are the products that will actually be on the market against future Samsung devices, so it has to be prepared for Apple’s potential motion for a preliminary injunction. That’s kind of a stretch: Apple can’t really file for a preliminary injunction based on potential confusion with unannounced, unreleased products, so Apple’s lawyers will almost certainly focus on confusion with the company’s existing products.
  • Samsung says that doesn’t matter because Apple tends to discontinue previous products when it launches new ones, and it has to be prepared for what might be in the market when and if Apple actually files its motion. This is also a bit strange, since Apple kept both the iPhone 3G and iPhone 3GS on the market after launching new models. You can bet Apple will point that out.

Apparently, Apple and Samsung negotiated for a year and couldn't come to an agreement before Apple launched their look-and-feel infringement suit, and there haven't been any talks since then. So chalk this up to Samsung trying to get some leverage. Whether or works or not, it could further delay what's no doubt going to be a long and protracted process.

So... countdown to Samsung outside council intern blurry cam shots?

[This is my Next]

Rene Ritchie

Editor-in-Chief of iMore, co-host of Iterate, Debug, Review, The TV Show, Vector, ZEN & TECH, and MacBreak Weekly podcasts. Cook, grappler, photon wrangler. Follow him on Twitter and Google+.

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There are 71 comments. Add yours.

iSRS says:

Could you explain to me how the company being sued for showing products that bear more than a striking resemblance to existing product (UI and all) has a right to demand to see as yet to be released products from the company is being sued by? Why would they need to? So they can copy those and get it to market first and claim Apple copied them?

Barry says:

The whole lawsuit is nonsense, they can file them to every touchscreen phone maker that uses icons... "look and feel" my ass

roseventyfour says:

i don't want to look or feel your ass.

Greystone says:

Yes you do. I have & it's quite the life changing experience

TheodoreBiggles says:

Samsung hasn't been found guilty of anything, they're in the right to request this. If Apple is allowed they should be allowed as well. They are counter suing Apple after all.

Ilovegeorgia says:

No they are not, there are pictures of the sgs 2 and tab everywhere. People even have them, I mean google gave away 500 of them. There is no pictures of the iPhone 5 or iPad 3 those aren't real products yet. Also you can buy the galaxy s 2 right now.

Jeff says:

Maybe because Samsung contends the iPhone was a copy of the Samsung F700? Or that Apple may be about to release a phone that has infringing features as well?

Ahmed says:

And that's a really ugly device mockup... Use the other one.

JD says:

Apparently they have no honor in Korea. Bunch of copy-cat losers.
And to those that say "only fair" - yea, FAIL. Go back to school...

Barry says:

Clearly you should have stayed in one a bit longer

roseventyfour says:

actually Korea doesn't have the copyright laws we have so they bootleg everything over there from clothes to electronics. so in a way what he is saying is true. and before any dumb ass comment YES i have lived there.

Barry says:

Copyright laws are a joke

Jimbo says:

Just because Jobs offered some anti-Korean bs during his antennagate conference doesn't mean his fans get to be racist...

fastlane says:

Anti-Korean isn't racist because Korean isn't a race. :roll:

Jimbo says:

Puh-leeze...only a fatuous idiot would claim that racism can only apply to one of the three grossest genetic categories. There is well over a thousand years of legal and cultural precedent that racism refers to beliefs or attacks on an ethnic group - and Korean applies there, as does Arab, Latino, or Irish.
http://en.wikipedia.org/wiki/Racism
Hide yourself and Jobs behind incorrect definitions, but his statements (and hiis followers follow-ups in this thread and elsewhere)) were slurs against a specific ethnic group for no other reason than their ethnicity, and so are by definition racist.

fastlane says:

Jimbo decides for the world what race is. :lol:
So, Americans who hate Canadians are racist? Which race?
Jimbo reads Wikipedia? Nice.
I've been reading many of your other posts over the past months. You shouldn't be walking around.

Mike says:

Ooooo, what's the smell...yep...you can stick a fork in Jimbo, he's done!

LM says:

Apple does of course breathe word of it's upcoming products. It involves favourite developers and uses strategic leaks.

roseventyfour says:

So someone accuses you of stealing their stuff, so your response is to say let me see what else you have so i can steal that too? Only in America i guess. Good luck with that one Samsung.

Jeff Higgins says:

Only in Korea. A US judge would never let this fly.

TuxDotKing says:

Is it copying if they do it better?

zero credibility says:

is it a stupid question if the answer is obvious ?

Jeff Higgins says:

I hate to say it, but this anticompetitive and irresponsible behaviour typifies asian technology companies.

CDMA < GSM says:

Would Apple qualify as an Asian Tech company then? I mean, all of their products come from China, and they even use materials from LG and Samsung. They (Apple) claim they design them (but really only the looks).

Barry says:

So following apple's example pretty much every car manufacturer should sue Hyundai for stealing their designs...

TheodoreBiggles says:

Hyundai stole their look off VW for many models.

Michael says:

Samsung doesnt have a chance and they know it. They're trying to delay satisfying the court order until the iPhone 5 release. This is going to be long and stupid; and Samsung IS going to lose.

Ahmed says:

Sounds like he's trying to convince himself...

Bushido says:

So many North Americans seem to not understand how large Samsung is. Here an example: Apple revenue in 2010 was $65 billion. Samsung in 2009 was $175 billion. Haven't seen 2010 numbers.
Samsung is a HUGE conglomerate and not a small company that just copies Apple. They have resources rivaling many countries. Get ready for a fight.

Macboy74 says:

Of course samsung has more revenue. Apple doesn't have there name on toasters and microwaves.

TheodoreBiggles says:

Go figure, a "Macboy" tag can't see the point.

TK says:

Samsung should be allowed to see Apple's upcoming devices if they're ordered to show Apple theirs. Since that Samsung showing their new stuff to Apple gives Apple an advantage over Samsung, it sound only be fair that the playing field is leveled.
But the problem really stems from Apple being really secretive of their new devices, they only show them off when they're finished and ready to be sold. All the other manufacturers show off their up and coming devices at trade shows and whatever, which gives Apple an advantage to one-up them.
Apple likes to dance around and say that they made certain things first when really they copied something that already existed polished it up and made it really elegant looking and had a patent slapped on it. Even Steve Jobs admitted that they're notorious for stealing other people's ideas back in the late 80s.

TheodoreBiggles says:

Finally, sense AND logic on this blog! I tip my hat to you good sir!

Daniel says:

Yes and no. Does apple make completely original devices? No. However is samsung in the right here? No. Lets take a look at samsungs products and the specific ways that apple is arguing they have been copied. Apple is complaining about a look and feel abuse. So lets see in what way samsung, and not their fellow android competetitors, are hitting too close to home in apple's mind.
Lets look at touchwiz and compare it to iOS. iOS uses a menu system that has a number of rows of apps that swipe right to left with a four icon dock at the bottom that remains the same regardless of what page you are on. What does android normally have? An app tray that swipes up and down with no permanent dock. What about touchwiz? All of a sudden apple's design is back. regardless of if you are in the widget area or in the app tray the samsung phones have a dock at the bottom with four icons, just like apple. then when you enter the app tray itself the icons swipe left to right and right to left in the exact same manor as apple's system and the dock stays no matter what.
Lets look at the physical. http://cdn.slashgear.com/wp-content/uploads/2010/06/samsunggalaxysreviewsg_39-540x438.jpg this is a photo of the samsung galaxy s, before the carriers changed it to whatever they wanted the phone to look like. Notice that the button layout at the bottom is not like all other android phones. You have a menu button and a back button sure but whats the main button in the center shaped like? A specific home button dead center just like apple does it. How about the bezzle surrounding the device? Very iphone 3gs. I could keep going with other devices. This is a look and feel lawsuit. Apple is arguing that samsung is making their product feel like idevices. Targeting the people that can't buy an iphone but wish they could. I myself almost bought a galaxy phone because they felt like almost the same thing.
As a final point look how quickly samsung can copy apple. The old galaxy tab 10.1 was barely finished when apple released the iPad 2, and in no time samsung had fired up the copy machine at full speed and developed the 10.1 inch tab that was conveniently half a millimeter thinner than apple's new baby. Could you imagine if samsung actually saw the new products before apple even released them yet? No way. This lawsuit is justified and samsung should not be allowed anywhere near an apple prototype.

Dantv says:

Yep just a bunch of copy-cat losers in Korea. In fact make that all of Asia! Microsoft Windows is pirated on 95% of pc's in China. In the meantime our economy sputters as they just copy and steal everything. It's time to lay the smackdown on these Asian copy-
cats! Boycotting Samsung!!

Ahmed says:

If not for those pirates usage of windows would be 95% less in china

chirmer says:

I don't see a problem with this... your point is?

Nikolai says:

The people who pirate it wouldn't buy it anyway, so why bother with them?

Mike says:

Loosen the towel buddy, it's cutting circulation off to your brain.

NA says:

why does everyone on here think they know everything about everything? smh...

tyrin12 says:

It's easy to sound like an expert online. I should know. I work for Apple, and also lived in Korea and China, where I used to work for Samsung.
(see how easy?)

Stew says:

I don't know about Samsung but I bet there are a lot of people on here would really love to see the Iphone 5 and Ipad 3 as well LOL

chirmer says:

I want Samsung to see Apple's stuff. That pretty much guarantees leaks! ;)

Tobias Funke says:

This is easily one of the saddest, most childish, and completely ridiculous cases in business law. Samsung, grow the F up.

TheodoreBiggles says:

Never thought I could disagree with a little blue man. Tobias never was one to rationalize anything, so I understand that he's only capable of seeing one side in this. Once you people understand that Apple is not your savior and they dont care about you any more than any other company and that they just want your money. Maybe then we can all actually have a logical discussion with the topic at hand.

dloveprod says:

Lol what is Samsung smoking?

Alex says:

Why is Samsung at fault? It's only fair if Apple gets to see all of Samsungs products before they are released it should go the other way too. Apple started the fight, so I'd say they brought this on themselves.

Daniel says:

apple wants a closer look at devices that samsung has been showing off to the press for weeks and that many already have on hand. Samsung wants to see devices that no one even has conformation fully even exist yet. Finished hardware that is being reviewed by the press is not the same as unanounced prototypes. Not even the same ballpark.

Smackhead says:

Ohhhh twaddi payn di lun!!!

Anonymous says:

A lawyer or group of lawyers is "counsel." A council is group of people convened to make a decision.

NinjaBreadMan says:

...and I think that group should be the decision maker. Samsung should NOT be able to see apples wares nor should apple be able to see samsungs future products. They should BOTH provide items for the judge or group under NDA and let them decide. Then let the NDA busting leaks begin. ;-)

TFausett says:

And Samsung closes it's eyes and flails it's arms hoping to hit something, anything!

LaToya AKA Digital Nightmare says:

LG needs to go after Apple next, since they blatantly copied the Prada.

Daniel says:

I think they did actually right when the first iPhone was announced. No idea what the outcome of that was though.

Nick says:

Samsung I have an idea why don't you step out of the box? That's right no one has since the first iPhone.

Tim says:

I don't understand why Apple even keeps folks in the dark about new iPhones in the first place. Everything the iphone is supposed to have this year is already in Android devices. It's not like they have some super secret dual core processor, or their screen is revolutionary, or even the OS.
I'm just getting sick of these dumb games Google, Apple, Motorola, Sammy, and the whole lot of them play involving these phones. The iPhone 5, Droid Charge, Thunderbolt, s2...are all essentially the same phone. But each company will act as it's a damn secret missle or something. Now that it's being fought legally just takes it to a new level of retarded. They all need to just grow up.

SpasticPat says:

But all of the devices Apple saw from Samsung were already announced and/or released. Samsung has no proof, other than online blogs and news sites that Apple is even going to make an iPhone 5 or iPad3. The things Apple saw were already released or at least already shown at shows and things. If Apple is making an iPhone5 and/or iPad3, they haven't been announced so Samsung is asking for something that kind of doesn't exist yet and they have no right to see it.