Samsung ordered to show Apple unreleased phones, tablets

Samsung ordered to show Apple unreleased phones, tablets

As part of Apple's ongoing look-and-feel -- aka copycat -- lawsuit against Samsung, Judge Lucy Koh has ordered Samsung to cough up some of the unreleased, but allegedly infringing devices to Apple's outside council for investigation.

"Although the Court expresses no opinion on the merits of Apple's claims, the Court notes that Apple has produced images of Samsung products and other evidence that provide a reasonable basis for Apple's belief that Samsung's new products are designed to mimic Apple's products."

"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," the order reads.

The devices in question are Galaxy S2, Galaxy Tab 8.9, Galaxy Tab 10.1, Infuse 4G, and Droid Charge.

Our question -- why couldn't Apple just read Android Central like everyone else?

[Courthouse News]

Rene Ritchie

Editor-in-Chief of iMore, co-host of Iterate, Debug, ZEN and TECH, MacBreak Weekly. Cook, grappler, photon wrangler. Follow him on Twitter,, Google+.

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There are 34 comments. Add yours.

eric6052 says:

This lawsuit is going to be a long drawn out process. From a laymen perspective it looks to me like Apple has a hell of a case. The new Touchwiz on the Galaxy S2 actually looks less like ios than the previous 3.0 release. That makes me believe that Samsung even realized that they had gone to far in imitating Apple and they're trying to roll it back.

mojonation1487 says:

wowwwwwwww. This is a load of BS. I wonder who Steve Jobs had to pay off to get this done. This whole lawsuit is crap. How about apple letting samsung look at the newest iphone as well? Seems the courts are more worried about PC crap and "fairness". Get out of here.

zeagus says:

You don't have to pay anyone when someone infringes on your copyrights.

mojonation1487 says:

yeah that makes a lot of sense. Maybe you should see what copyrights they are "infringing" they're pretty dumb

Michael says:

Play Book will be a loser. Last to the show and too small. All I hear is that it looks so good in the demos anything looks good in demos umimdes. Real world it'll be a dud. Android and Apple will destroy this toy.

Mindsigh says:

Did someone just actually write, in indignation, that a judicial court was too worried about fairness? Tech blogs generally bring out the stupid, but this takes the cake.

Substring says:

I don't understand this. Had Mercedes ever sued Lexus for copying their cars a few years ago?

Skylar says:

Actually yes, there have been many car manufactures that will sue another for copy right infringement, although it is much harder to prove when cars have to fit cretin specifications set forth by government rules and regulations.

James Jenkins says:

I guess Panasonic should sue Samsung too for copying the "look and feel" of their televisions?

zeagus says:

Sammy's TVs don't look like Panasonic TVs and they don't come with widgets that imitate the look and feel of Panasonic widgets, etc.

mojonation1487 says:

stay away fanboy troll. iOS doesn't even have real widgets.

Ckiim says:

I was wondering who would be the one to blow Apple iPad away I think the wnneir is BLACKBERRY PLAYBOOK. If Blackberry Playbook was able to use both Android Apps AND Blackberry Apps PLUS keep all the features currently on it, not only would it take over the family/teeny friendly consumers but also with the business consumers. Why not be all around needed and not directed at one kind of group. Nowadays, it's all about entertainment applications AND business/education applications. BE BOTH!!!! Blackberry Playbook, I think, is the closest to it.

Ron says:

Yep I have to agree. Get over yourself steve!

mojonation1487 says:

lol phew I was expecting to be eaten alive by my comment but I see I'm not alone. This is just a poor attempt by apple to stem the competition. Don't get me wrong, I like apple's products alot, I just hate the company. Their iOS products won't be top of the line for long. You can only take one thing so far and they really haven't proven to be that good with changing things up as fast as their competitors. Not always a bad thing, you know why fix something that works, but with what Android is doing and webOS, apple really needs to kick up a storm with a new iOS, whether it's a UI change or something, they gotta pull something out of the bag.

Smalls says:

Isn't Apple over-reacting? The Galaxy Tab 8.9 and 10.1 look like Honeycomb with a manufacturer design added to it. Yes, Touchwiz looks a lot like iOS, but a lot of things look "iOS like" or "Mac OS like".
I won't deny the fact that Touchwiz bears a similar appearance to iOS, but honestly... it feels nothing like iOS. It may be because it's Android with a skin. :P

Bill says:

Look and feel are they kidding? How many ways can you possibly design a phone?! I sometimes wonder if they make as much money in law suits as they do just actually selling products.

rotkiv3451 says:

Think about the smartphones in 2006. They were totally different! But after the iPhone, almost all smartphones look like it. And Smasung makes Touch wiz look like iOS on purpose.
They also copied the iPad design... Look at the new Galaxy Tabs, they are just like iPads without a home button

BrianTufo says:

So they made a rectangle shaped tablet and that's owned by Apple? Last I checked Apple doesn't have a patent on rectangles with glass and aluminum casing.

lazerbyte says:

I think Apple has every right to see this as Samsung is banking on the popularity of the ipad and if people think the Galaxy is like an ipad they may be more willing to buy it.
If Lexus make a car that look just like a Mercedes they have every right to sue them based on that.
If you make a product and someone rips it off you have every right to make sure your ip is protected.
I am all for innovation but don't just copy someone and try to sell it as your own take what they did improve up on it and make it your own.

zeagus says:

Anyone who thinks this suit doesn't have merit should probably read this piece:

SockRolid says:

Agree. Just see what happens when you try to make an identical copy of, say, some Nike Air Jordans. Or say Hyundai were to make an exact copy of the Honda Accord. Honda's lawyers would crush it immediately.

mojonation1487 says:

you're just a fanboy. That article has less merit than the lawsuit. Cuz the iPhone wasn't the first rectangle with a screen with black borders. Moron.

Carlos says:

I don't understand y there so many negative comments left behind for Apple. Personally, I actually understand where Apple is coming from with Samsung stealing their look in how they build there products.
I guarantee if the same pple here that say that Apple is bitchin over nothing would be the very 1st to argue someone has just stole their look or their FB status. Apple has every right to Sue Samsung for basically mimicking Apple's look on their newly releases products.
When u compare the 2, u can blatantly see they resemble each other almost dead on. I understand that companies tend to copy form factors of their competition but u don't need to go so far as to it nearly appearing just like ur competitors.

BrianTufo says:

Really? Did you compare a copyright/patent case to "stealing a FB status?" If that's the case how many people could sue over posting "I'm bored" lol. I kind of see where you are coming from but horrible analogy.
I think Samsung should have innovated a little bit better on the skin/graphics but as far as the shape/form factor Apple needs to get over themselves. Their phone is a rectangle just like everyone else's on the market now....move on from that part and focus on the fact Samsung used a few similar icons.

TulioAdriano says:

It's amazing that the company who built their os foundations (and even some hardware) over deliberate copy of Xerox's products is now pissy about other people copying their look 'n feel.

Nigel says:

Oh and by the way Apple obtained permission and provided compensation in exchange for the various Xerox PARC ideas such as the GUI. That is why Xerox did not take apple to court. Made for a great side story/tech myth highlighted in "The Pirates of Silicon Vally".

SockRolid says:

LOL @ Samsung's lame copy attempts. It's the hardware equivalent of the Oracle Java lawsuit against Google.
Oh, and by the way, Apple paid Xerox for the right to develop and sell their own GUI.

kaelendra says:

As much as anything this is probably about making sure to have it look like they're making all attempts to protect their patents/copywriter... Company's lose rights to such things just for not fighting for them. It's a slippery slope of don't make a token attempt to protect one small thing and it can look like the next person can legally copy something more specific and so on and so on.

song says:

I can't believe people are really coming at Apple for protecting the look and feel of their products.
It's part of what makes Apple products what they are, of course they have a right to go after pirates especially when it's so blatant.
I understand it's Apple and people just feel the need to go against them but at least try to be objective about your opinions. smh.

substring says:

Apple is suing because they finally realized that Samsung is posting a major threat to their business, and could potentially take it over. RIM started the Blackberry keyboard form factor. Then Palm and other vendors followed and copied the look-n-feel and some functionalities. I don't know if RIM has ever sued Palm et el, but I know RIM did not win any lawsuit on that matter because Palm et el continued making and selling devices that look very much like Blackberry.
Japanese and Taiwanese companies have been copying and improving the consumer electronics and appliances for several decades. I don't see anyone succeeding in suing them and stopping them. So good luck on it, Steve.

frozencloud says:

Which make me wonder if RIM should sue Motorola for stealing their keyboard design for the Droid Pro (i think that is the name)

NetflixMan2 says:

God damn. Rene continues to be a gigantic dooosher (deliberately spelled that way).

TuxDotKing says:

Really pathetic. TiPb should look out; Apple might sue them for copyright infringement too. I mean, look at all of the rectangles on this page!

Rajesh says:

java will be in the same place First place and other language will come later . about the moilbe and according of the last reports smartphones will use in every thing as moilbe , internet , e-reader , for that the lanugage that used in the programming of the moilbe will be in the first level .. 0 0