Monday, May 30, 2011

Why Samsung Gets a Look at the iPad3 and You Don't


Well, first, they haven't actually gotten to look at it yet -- that's in the hands of Judge Koh of the Northern District of California. And, second, Samsung had to get sued by Apple for trademark and trade dress infringement to even get to ask for the right to see it, so unless you really want to get sued by Apple, you might want to just be patient.

This all came about because of Apple's lawsuit against Samsung's Galaxy line of smartphones and tablets. Apple claims that these products look too much like the iPhone and iPad and violate Apple's registered trademarks and trade dress. Samsung, of course, says that they have been using these designs for years and that Apple's trademarks are invalid, besides.

What this particular fight is about is that Apple asked for what is called "expedited discovery" (i.e. much faster than normal) against Samsung, asking for the designs of as-yet-unreleased Galaxy products to support a planned preliminary injunction motion.

Samsung fired back, asking for expedited discovery of Apple's unreleased iPhone and iPad designs so that it could defend itself by showing that there was no likelihood of confusion. Samsung argued that under the famous "goose/gander" rule, Judge Koh had already advised Apple firmly that any discovery in the case would be reciprocal.

This motion, just filed last Friday, has yet to be decided, but I don't think Judge Koh is going to make Samsung's attorneys line up outside the Apple store to get the discovery they need

2 comments:

patent litigation said...

Patent litigation (for that matter, any type of litigation) can often devolve into schoolyard one-upmanship tactics.

Lin Mi said...

***It also can produce curl, straighten and flip px90 reviews styles***
###It also can produce curl, straighten and flip styles Px90 Workout.Let's encounter it we more than likely undertake and don't a number of or three spare pairs, along with a faulty arranged of GHD's is not any use to anybody Beats by Dre Earphones. It truly is famed as the life-style brand for the classy and chic motorbike North Face jackets P90x Workout.I'd personally suppose that most guys are fairly particular about mens North Face coats, in phrases that are of value, size, colors etc Beats by Dre.
Childhood could be secretly slid feet high heels once her mother, as well as dressed up in white gauze, the hand loaded with the time saving benefits from the moment with household .aSometimes ita?s quiet because I played well Beats by Dre Headphones. As a result positive its northern border Face coat covers full body of a human time period of your pet dog.If the free of dust of charge operate done completely then its absorbed inside a soften drench of your metal covering.Acquire furniture by mail purchase or on the internet.In much better, high prime quality binoculars in excess of 95 percent with the mild reaches the ocular lens with your eyes P90x Reviews.When your most contemporary offense occurred over seven decades once a previous conviction, you'll cough up as being a very first-time offender.Identify the wants for the specific floors, and this can be many of the subsequent:1 Px90.For illustration, The North Face Heckler backpack will come with one or two compartments. ###