Earlier this year, Apple Inc. (NASDAQ:AAPL) filed a lawsuit against Samsung, claiming patent and trademark infringement and that the “user interface and innovative style” was used by Samsung in its Galaxy line of smartphones and tablets.
Earlier today Courthouse News Service reported that a federal judge has tipped the lawsuit in the favor of AAPL and has given Samsung 30 days to provide Apple Inc. with samples of a number of unreleased hardware models of their tablets and phones so that Apple may decide on an injunction on the infringement.
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.
The Samsung models that Apple is allowed to evaluate include the Galaxy S2, Galaxy Tab 8.9, Galaxy Tab 10.1, Infuse 4G, and the Droid Charge.
These Samsung models have yet to be released although Samsung has argued that examination of the production samples, may not necessarily reflect final shipping models. But Koh ruled out Samsung’s argument as the company had already publicized its products and also promoted their latest tablet by giving away 5,000 Galaxy Tab 10.1s to attendees at the Google I/O conference earlier this month.