The recent court battle between Samsung and Apple has taken another interesting turn, with Samsung demanding that Apple hand over commercial samples of both the iPhone 5 and iPad 3.
The ongoing court battle between Samsung and Apple has taken another interesting turn, with Samsung demanding that Apple hand over commercial samples of both the iPhone 5 and iPad 3.
The company filed a motion on Friday asking Apple to turn over the iPhone 5 and iPad 3 as part of the discovery process. (Apple is currently in the process of suing Samsung for numerous patent violations stemming from the sale of the Samsung Galaxy S smartphone and Samsung Galaxy Tab.)
"Samsung is entitled to samples of the next generation iPhone and iPad, as well as those products’ packaging and packaging inserts, in order to prepare its defense against any preliminary injunction motion brought against Samsung by Apple for trademark or trade dress infringement," the motion explains.
In other words, Samsung wants to assess any similarities between Apple's future products and its own, so that its lawyers can prepare for any future lawsuits.
Last week, Apple asked the court to order Samsung to hand over samples of various Galaxy products, including the Galaxy Tab 8.9 and Galaxy S II - so this latest move can be viewed as something of a counter-attack. Indeed, the motion makes reference to "fundamental fairness”; arguing that Apple should be required to give up its future products too.
Of course, neither the iPhone 5 or iPad 3 have officially been announced by Apple at the time of writing - the motion is based on “internet reports” and “Apple’s past practice.”
You can check out a PDF of the full motion here.
Apple issued Samsung with a lawsuit in April, in which it accused its rival of 'slavishly' copying its phone and tablet designs.
“Instead of pursuing independent product development, Samsung has chosen to slavishly copy Apple’s innovative technology, distinctive user interfaces, and elegant and distinctive product and packaging design,” the suit argued. We'll keep you posted with future developments.