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Samsung Loses Bid to Use Apple Case Records in Japan Suit

Samsung Electronics Co. lost a bid to have a U.S. judge order Apple Inc. to provide it with documents and iPhone exemplars, including the one used by Steve Jobs in a 2007 presentation, for a court case between the two mobile phones makers in Japan.

U.S. Magistrate Judge Paul Grewal in San Jose, California, yesterday denied Samsung’s request because a similar request is already pending before a court in Tokyo. Grewal said Samsung could renew its request after the Japanese court issues its decision.

“To prevent entanglement in the foreign dispute between the parties and out of respect for the Japanese tribunal before which a parallel request is currently pending, the court denies Samsung’s request for the discovery without prejudice to a renewed request after the Tokyo district court has had an opportunity to decide the exact same request before it,” the judge said in his decision.

Apple, based in Cupertino, California, argued in court documents that Samsung’s request should be denied because it is “attempting an end-run around the discovery procedures of the Japanese courts.”

Samsung seeks any documents concerning iPhone sales before June 29, 2007, as well as the actual device introduced as evidence, according to a court filing. Samsung also wants the iPhone that Apple founder Steve Jobs used when he introduced the device at his Jan. 9, 2007, MacWorld presentation.

Adam Yates, a spokesman for Suwon, South Korea-based Samsung, didn’t immediately return a call after regular business hours seeking comment on the ruling.

The case is In re Ex Parte Application of Samsung Electronics Co. Ltd., 12-80275, U.S. District Court, Northern District of California (San Jose).

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