In the Apple vs. Samsung case, though, Apple has just won a weird little concession from the judge: they get to see five of Samsung’s unreleased tablets and smartphones. Can you imagine what would happen if Samsung got the same concession in their suit against Apple?
In court last week, a judge ruling over Apple v. Samsung decided that Cupertino’s claims that the Korean handset maker had released copycat devices in the Nexus S, Epic 4G, Galaxy S 4G and the Galaxy Tab had enough merit to give Apple an early look at Samsung’s upcoming device portfolio.
As such, Samsung must let Apple look over the Galaxy S2, Galaxy Tab 8.9, Galaxy Tab 10.1, Infuse 4G and Droid Charge, ostensibly to check for IP infringement. In the time spent bickering, the Droid Charge and Galaxy SII have already been released, leaving three devices Apple’s lawyers will get an early look at.
According to the judge, while the court isn’t expressing an opinion on the case, Apple “has produced images of Samsung products and other evidence that provide a reasonable basis for Apple’s belief that Samsung’s new products are designed to mimic Apple’s products. In particular, the design and appearance of Samsung’s forthcoming products and packaging are directly relevant to Apple’s trademark, trade dress, and design claims.”
What I think is interesting here is if the tables turn in Samsung vs. Apple. What if Samsung convinces a judge in that case to let them see Apple’s upcoming iPad, iPhone and iPod Touch prototypes, to guarantee that they don’t use infringing patents? I imagine a series of hidden rocket thrusters igniting under 1 Infinite Loop the very next day, carrying Spaceship Jobs and his Apple Astronauts into voluntary exile, to found and colonize an alien world that they can make far perfect than this doomed, stupid planet.