It is jolly nice if you can get a court to order your rival to turn over its secret product plans, but this legal stunt has been engineered by Apple’s lawyers.
Judge Lucy Koh said that Jobs’ Mob demonstrated good cause for some, limited expedited discovery although the products in question will be for “outside counsel eyes only.” In other words, Apple and its legal staff can see them and formulate a new business plan to wipe out the Samsung competition yet.
Koh said that Samsung had been promoting its products via images and demo units already. It even offered to give away 5,000 free Galaxy Tab 10.1 devices to attendees at this year’s Google I/O conference.
Apple swung the judge when it showed her a news article which quotes a Samsung executive, saying that they will have to improve parts of their upcoming Galaxy Tab 10.1 tablet in light of the thinner iPad 2 from Apple. Apparently rivals are not allowed to adapt to innovation from the competition.
Koh said that the design and appearance of Samsung’s coming attractions were relevant to Apple’s trademark, trade dress, and design claims. Apple is claiming that its fanboys will be confused and buy Samsung products thinking they were just cheaper versions.
Samsung now has 30 days to hand over devices, packaging, and package inserts for the Galaxy S2, the Galaxy Tab 8.9, the Galaxy Tab 10.1, the Infuse 4G, and the Droid Charge.
Samsung pointed out to the judge that releasing the information to a competitor would put it at a competitive disadvantage.
Kuo pointed out that Samsung had “already released images and samples of its forthcoming products to the media and members of the public.”