Samsung Wants to See the iPhone 5 and the iPad 3? Don’t We All…

Published on May 29, 2011
by John Paczkowski

You’ve got to love the irony. Samsung–which Apple has accused of “blatantly copying” its intellectual property–now seems to be mimicking the company’s legal maneuvers as well.

A week after it was ordered by a court to provide Apple’s outside attorneys with samples of a number of announced, though unreleased, products, Samsung filed a motion seeking the exact same thing from Apple.

First reported by This Is My Next, the expedited discovery request asks the court to order Apple to provide it with samples of the final commercial versions of the iPhone 4S, the iPhone 5 and the third generation iPad–all three unreleased, unannounced and unknown beyond Internet speculation. The reason: Samsung wants to compare them to its future products to head off any additional infringement claims from Apple down the road.

In other words, it wants to be sure it hasn’t copied any Apple products no one has even seen yet.

Which seems silly, particulaly when Apple’s motion for a preliminary injunction against Samsung is clearly based on products Apple currently has on the market.

But as This Is My Next’s Nilay Patel notes, this move is likely more about leverage than anything else. Settlement discussions between the two companies have been at a standstill for some time now and Samsung may be hoping that threatening Apple with a forced opening of the kimono might kick them into gear again.

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