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Samsung Accused by Apple of Violating Order in Infringement Case

Samsung Electronics Co. was accused by Apple Inc. of violating a court order in a patent-infringement case by failing to produce source code as directed by a judge.

Samsung “only partially complied with” a court order requiring the company to produce source code for products such as its its 4G smartphone and Galaxy Tab 10.1 tablet computer, which Apple claims violate its patents, according to a filing yesterday in federal court in San Jose, California.

As of the Dec. 31 court-ordered deadline, Samsung produced source code for just one version of each of the products Apple accuses of infringement, and withheld code for all other versions, Apple claims. A trial in the case is set for Aug. 25.

“At this point in the case, it is too late for Apple to make meaningful use of any late produced source code,” Apple said in the filing. Expert reports in the case are due in less than two weeks, “which would leave insufficient time for Apple’s experts to analyze any new code,” Apple claimed.

The same court ruled Dec. 3 against Apple’s request to block Samsung from selling its 4G smartphone and Galaxy Tab 10.1 tablet computer in the U.S. That order followed an Australian court ruling that lifted an injunction on the tablet in the country. Samsung, the world’s largest maker of mobile phones, and Apple have filed at least 30 suits on four continents against each other since April.

Denied Evidence

In yesterday’s filing, Apple asked the court to prohibit Samsung from relying on the source code it failed to produce in defending the infringement claims.

Apple also argued that because it must build a case against each version of the Samsung products it accuses of infringement, and it has been denied evidence required to do so, the court should rule that the products Samsung provided source code for to be “representative of all versions of that product.”

Amy Grenek, a Samsung spokeswoman, didn’t immediately return an e-mail yesterday seeking comment on the complaint.

The case is Apple Inc. v. Samsung Electronics Co., 11-01846, U.S. District Court, Northern District of California (San Jose).

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