SAN JOSE, Calif. (CN) - Samsung Electronics wants to get its mitts on two of Apple's upcoming products to help fight off a trademark and trade-dress lawsuit.
"Samsung wants 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," Samsung said in a motion for expedited discovery filed in federal court late Friday.
U.S. District Judge Lucy Koh ordered Samsung two weeks ago to provide Apple with five of its as-yet-unreleased mobile phones, but Samsung says Apple has since rejected Samsung's own discovery requests.
Koh should force Apple to hand over products that Samsung expects will be known as the "iPhone 4S" or "iPhone 5," as well as the "iPad 3" or "Third Generation iPad," the motion demands.
"In effect, Apple seeks to prevent Samsung from fairly competing in the marketplace regardless of whether Samsung's future products even remotely resemble the allegedly protected elements of Apple's products that will be released in the same period," Samsung said.
In its April complaint, Apple claimed Samsung designed products confusingly similar to Apple's iPad, iPod Touch and iPhone, and that the products use icons similar to those used by Apple.
Samsung Electronics wants to expedite the reciprocal discovery so that a hearing will occur June 9, 2011, rather than the scheduled date of September 1, 2011, because both parties' products will be in the market by then. In her order granting Apple's discovery motion, Koh ruled that Apple deserves the quick production of cell-phone samples three months earlier than usual in the litigation process, though she drew the line at requiring testimony from Samsung executives.
"This evidence will go directly to the question of whether there will be a likelihood of confusion between the Apple and Samsung products that will most likely be in the market at the same time," Samsung claimed.
The Korean tech giant added that "Apple should not be heard to complain that it will be burdened by producing samples of its own future products when it has sought and obtained a court order requiring Samsung to produce to Apple the very same thing."
"The inequity of not ordering Apple to produce the discovery Samsung's requests becomes particularly stark when one considers what is at stake for Samsung: a possible injunction of five of its products," Samsung said.
Harold McElhinny, Michael Jacobs, Jason Bartlett and Grant Kim with of Morrison & Foerster represent Apple. Charles Verhoeven, Victoria Maroulis, Crik Olson and Kevin P.B. Johnson with Quinn Emanuel represent Samsung.
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