Samsung Electronics was told Wednesday to fork over five of its not-yet-released mobile phones to Apple. Sitting in Federal Court in San Jose, Judge Lucy 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.
"Apple has demonstrated good cause for some, limited expedited discovery," said Koh. "While Apple has not yet filed a motion for preliminary injunction, courts have found that expedited discovery may be justified to allow a plaintiff to determine whether to seek an early injunction," said Koh.
Among other evidence presented by Apple, the judge cited a TV news report that quotes a Samsung executive saying, "We will have to improve the parts [of the Galaxy Tab 10.1] that are inadequate. Apple made [the iPad 2] very thin."
Apple sued Samsung last month alleging patent and trademark infringement and promtply filed a motion to expedite discovery which would require early production of documents and witnesses. In its complaint, Apple claims 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.
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http://www.courthousenews.com/2011/05/19/36708.htm
