In legal battle with Apple, Samsung files discovery motion to see iPad 3, iPhone 5

Last week, Apple was granted the ability to see some of Samsung's current and upcoming products, although to protect IP, only Apple's outside lawyers can see any previously announced but unreleased products. On Friday night, Samsung fired back in a rather clever manner: it asked to see prototypes of the iPhone 5 and iPad 3, as part of the discovery process.

First, Samsung doesn't even know if there is an iPad 3 and iPhone 5, although they cite "internet reports" and "Apple’s past practice." In truth, we all know they are coming, but unlike Samsung's prototypes that Apple has the right to see (the Galaxy Tab 10.1, Galaxy Tab 8.9, and the Galaxy S II), which have been announced and even demo'ed, the same is not true of those Apple iDevices.

Of course, Samsung agreed to abide by the same rules as Apple. Any disclosure of these products would be limited to Samsung's outside lawyers. The filing requests disclosure of the products by June 13, 2011.

Samsung says it needs to see Apple's future products because current devices like the Droid Charge and upcoming devices like the Galaxy Tab 10.1 will probably be in the market at the same time as the iPhone 5 and iPad 3. Samsung's lawyers say they want to evaluate any similarities in order to prepare for possible legal action from Apple.

Why even ask for this? After all, there are many ways that Apple could block this request, including filing for a preliminary injunction against Samsung device sales. It's not just a "I'll show you mine, if you show me yours" type of move, although reading of this motion does make us ROFL.

Instead, it seems like this is an effort to put heat on Apple, and try to get negotiations over this issue of product similarity back in motion. As TIMN says:

Apple and Samsung held negotiations for a year before giving up and heading to the courts, and I'm reliably informed that there haven't been any substantive settlement discussions since Apple first filed its complaint. That means talks have been at a standstill for a long time now, and I wouldn't be surprised if Samsung was trying to put some additional heat on Apple to try and kick negotiations back into gear.

As we said before, it's hard to understand why Samsung made the Galaxy S smartphones so similar to the iPhone in the first place. It certainly wasn't so they could come up like moves like this to amuse us.

Via: This is My Next