Samsung Electronics Co. lost a bid to convince a federal judge it should be able to examine samples of Apple Inc.’s new products, including fourth-generation mobile telephones and tablet computers.
As part of the discovery process in a patent-infringement lawsuit brought by Cupertino, California-based Apple, Samsung in May asked to see its rival’s latest iPads and iPhones, according to court papers.
“Samsung has cited no case” in which a plaintiff must produce future products in a similar context, and “Samsung does not need access to these products” at this stage in the litigation, U.S. District Judge Lucy H. Koh wrote in an order signed yesterday in San Jose, California.
Apple sued Korea’s Samsung this year alleging unfair trade competition, unjust enrichment and trademark and patent infringement in products that “blatantly imitate” Apple’s products, according to an amended complaint filed June 16.
The case is Apple Inc. v. Samsung Electronics Co., 11CV1846, U.S. District Court, Northern District of California (San Jose).