Towards the end of last month, Samsung attempted to escalate its patent dispute with Apple by requesting to have a look at Apple’s next-generation iPhone and iPad models, apparently to help it defend itself against Apple’s charges of copying and other infringement. The request was put forward after Apple requested and was granted access to unreleased Samsung hardware, although that hardware had already been widely advertised by Samsung.
FOSS Patents now reports that Apple has filed a response to Samsung’s request, referring to the move as an “improper attempt to harass” Apple. From Apple’s filing:
“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. Apple made a compelling showing in its motion to expedite discovery that Apple needs samples of products that Samsung has already announced, distributed, and described, so that Apple can evaluate whether to file a preliminary injunction motion against those products, which look strikingly similar to the distinctive trade dress of Apple’s current products. Samsung has made no such showing about Apple’s future products. Therefore, Samsung’s Motion to Compel should be denied.”