Samsung Can't See Apple iPhone 5, iPad 3...Yet

A judge has denied Samsung's request to see the next-generation Apple iPhone and iPad in order for it to build its case in an enduring patent dispute between the world's second- and third-largest smartphone manufacturers.

But as intellectual property activist Florian Mueller notes, the judge essentially gave Samsung another cause for demanding a sneak preview.

The legal battle began in April when Apple sued Samsung for copying iPhone and iPad designs in its Galaxy range, which includes the Galaxy S 4G and Galaxy Tab. To strengthen its proposal for a preliminary injunction of Galaxy devices, Apple requested—and was granted—access to five then-unreleased Galaxy prototypes (though some of these prototypes, like the Galaxy Tab 10, were already circulating among developers). A week after Apple's motion, Samsung claimed three separate patent infringement suits against Apple in South Korea, Japan, and Germany.

Meanwhile, to defend itself against Apple's pursuit of a preliminary injunction, Samsung asked presiding U.S. district Judge Lucy Koh to force Apple to hand over its next-generation iOS devices, so Samsung could prove its Galaxy devices would not rip-off any future Apple products.

On Tuesday, Koh denied this request (see the full 11-page ruling below), arguing that Apple's patent claim only related to available products.

"Common sense suggests that allegations of copying are necessarily directed at Apple's existing products, to which Samsung has access and could potentially mimic," Koh wrote, "and not at Apple's unreleased, inaccessible, next generation products."

But wait! Mueller spotted a passage in the ruling suggesting that if Apple continued to push for a preliminary injunction, Samsung may have a reason to demand Apple produce these unseen iOS devices.

"Samsung is free to argue, for instance, that there is little likelihood of confusion because consumers will not encounter its products side-by-side with the iPhone 4 or iPad 2, but rather with Apple's next generation iPhone and iPad," Koh wrote.

"The court may be hesitant to grant an injunction because an injunction may be the appropriate decision as long as the Galaxy competes with the iPhone 4 but it may no longer be justified after the release of the iPhone 5, which almost everyone believes we will see later this year, in the event that the iPhone 5's design departs in important ways from previous iPhones," Mueller wrote in a blog post.

Coincidentally, several rumors point to a radical" design departure in the next iPhone.

Last Friday Apple added 13 more Samsung devices to its complaint.

In related news, a newly awarded Apple patent gives it ownership of the capacitive multitouch interface, spelling big trouble for rival smartphone makers, say patent experts.

Court Order Denying Motion Re iPhone 5 iPad 3

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Sony Unveils Tablet PCs, Joins Samsung in Pursuit of IPad

April 26, 2011, 4:11 AM EDT By Mariko Yasu

(Updates with analyst’s comment in fourth paragraph.)

April 26 (Bloomberg) -- Sony Corp. introduced its first tablet computers, following Samsung Electronics Co. and Motorola Mobility Holdings Inc. in their pursuit of Apple Inc., a year after the iPad spurred a surge in demand for the devices.

Sony will use Google Inc.’s Android operating system for the tablets, Kunimasa Suzuki, Sony’s head of personal computers, said in Tokyo today. The models, whose prices weren’t disclosed, would go on sale in autumn, the company said in a statement.

Sony is last among the world’s top 10 laptop makers to unveil tablet plans, aiming to capitalize on surging demand for a product category that research firm Strategy Analytics forecasts will grow to $49 billion by 2015. The late entry may undermine the company’s ability to challenge Samsung’s Galaxy Tab or the iPad, according to Deutsche Bank AG.

“Sony should have entered at least when Samsung introduced its first tablet computers,” said Yasuo Nakane, a Tokyo-based analyst at Deutsche Bank. “They spent too much time on their own features. A quick entry like Samsung was required and I don’t think Sony can catch Samsung this year.”

Sony’s S1 model will feature a 9.4-inch liquid-crystal display, as well as front and rear cameras. The S2 laptop-shaped model will have dual 5.5-inch screens and feature cameras, the company said. Apple’s iPad has a 9.7-inch screen.

‘IPad Killer’

“They have got an opportunity, they really need to executive,” Jay Defibaugh, an analyst at MF Global FXA Securities in Tokyo, said about Sony. “I would definitely not call it an iPad-killer. There’s nothing out there that is an iPad-killer right now.

The latest version of the iPad went on sale in the U.S. on March 11, equipped with cameras and a more powerful processor, starting at $499. Apple led the market by selling a total of 14.8 million iPads through December, generating $9.6 billion in sales since its introduction in April last year. Samsung, maker of the Galaxy Tab, ranks second behind Apple.

Tablet sales surged to more than 10.3 million units last year from 90,000 in 2009, according to the Consumer Electronics Association. That rate of adoption tops those of game consoles and smartphones, according to the Arlington, Virginia-based trade organization.

Apple will likely maintain its dominance in the tablet market until 2012 because of advantages in marketing, content and pricing, research firm IHS ISuppli said earlier this month. Shipments of other media tablets will likely reach 111 million units in 2013, overtaking the estimated 81 million iPad sales, according to the researcher.

Price Cuts

Samsung, Sony’s bigger rival in televisions, unveiled a new tablet running the latest version of Android software in February.

Sprint Nextel Corp. and Verizon Wireless earlier this month cut the price of the Samsung’s Galaxy Tab tablet computer for the second time this year, signaling more competition for Apple Inc.’s iPad. The devices now cost $199.99 with a two-year wireless-service contract, according to the carriers.

In January, Sony said it aims to win second position in the market for tablet devices next year.

Last year, Sony was the world’s ninth-largest maker of laptop computers, excluding tablets, with a 4.2 percent share of the market, according to Bryan Ma, Singapore-based analyst at IDC. Apple ranked eighth with a 4.9 percent share.

--With assistance from Pavel Alpeyev and Kazuyo Sawa in Tokyo, and Tim Culpan in Taipei. Editors: Anand Krishnamoorthy, Young- Sam Cho.

To contact the reporter on this story: Mariko Yasu in Tokyo at myasu@bloomberg.net.

To contact the editor responsible for this story: Young-Sam Cho at ycho2@bloomberg.net.

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Sony Unveils Tablet PCs, Joins Samsung, Motorola in Pursuit of Apple IPad

 Kunimasa Suzuki, deputy president of Networked Products & Services Group of Sony Corp., holds the company's S1 tablet personal computer during an unveiling in Tokyo. Photographer: Haruyoshi Yamaguchi/Bloomberg

Sony Corp. (6758) introduced its first tablet computers, following Samsung Electronics Co. and Motorola Mobility Holdings Inc. in their pursuit of Apple Inc., a year after the iPad spurred a surge in demand for the devices.

Sony will use Google Inc. (GOOG)’s Android operating system for the tablets, Kunimasa Suzuki, Sony’s head of personal computers, said in Tokyo today. The models, whose prices weren’t disclosed, would go on sale in autumn, the company said in a statement.

Sony is last among the world’s top 10 laptop makers to unveil tablet plans, aiming to capitalize on surging demand for a product category that research firm Strategy Analytics forecasts will grow to $49 billion by 2015. The late entry may undermine the company’s ability to challenge Samsung’s Galaxy Tab or the iPad, according to Deutsche Bank AG.

“Sony should have entered at least when Samsung introduced its first tablet computers,” said Yasuo Nakane, a Tokyo-based analyst at Deutsche Bank. “They spent too much time on their own features. A quick entry like Samsung was required and I don’t think Sony can catch Samsung this year.”

Sony’s S1 model will feature a 9.4-inch liquid-crystal display, as well as front and rear cameras. The S2 laptop-shaped model will have dual 5.5-inch screens and feature cameras, the company said. Apple’s iPad has a 9.7-inch screen.

“They have got an opportunity, they really need to execute,” Jay Defibaugh, an analyst at MF Global FXA Securities in Tokyo, said about Sony. “I would definitely not call it an iPad-killer. There’s nothing out there that is an iPad-killer right now.

The latest version of the iPad went on sale in the U.S. on March 11, equipped with cameras and a more powerful processor, starting at $499. Apple led the market by selling a total of 14.8 million iPads through December, generating $9.6 billion in sales since its introduction in April last year. Samsung, maker of the Galaxy Tab, ranks second behind Apple.

Tablet sales surged to more than 10.3 million units last year from 90,000 in 2009, according to the Consumer Electronics Association. That rate of adoption tops those of game consoles and smartphones, according to the Arlington, Virginia-based trade organization.

Apple will likely maintain its dominance in the tablet market until 2012 because of advantages in marketing, content and pricing, research firm IHS ISuppli said earlier this month. Shipments of other media tablets will likely reach 111 million units in 2013, overtaking the estimated 81 million iPad sales, according to the researcher.

Samsung, Sony’s bigger rival in televisions, unveiled a new tablet running the latest version of Android software in February.

Sprint Nextel Corp. (S) and Verizon Wireless earlier this month cut the price of the Samsung’s Galaxy Tab tablet computer for the second time this year, signaling more competition for Apple Inc. (AAPL)’s iPad. The devices now cost $199.99 with a two-year wireless-service contract, according to the carriers.

In January, Sony said it aims to win second position in the market for tablet devices next year.

Last year, Sony was the world’s ninth-largest maker of laptop computers, excluding tablets, with a 4.2 percent share of the market, according to Bryan Ma, Singapore-based analyst at IDC. Apple ranked eighth with a 4.9 percent share.

To contact the reporter on this story: Mariko Yasu in Tokyo at myasu@bloomberg.net.

To contact the editor responsible for this story: Young-Sam Cho at ycho2@bloomberg.net.

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Samsung countersues Apple over iPhone, iPad

SEOUL?— Samsung Electronics Co. has filed patent lawsuits against Apple over the firm's iPhone and iPad in a tit-for-tat case after Apple claimed Samsung's smartphones and tablets "slavishly" copied its products.

Apple filed a lawsuit last Friday alleging Samsung violated patents and trademarks of its iPhone and iPad, as the popular gadgets are being threatened by the fast rise of rival devices based on Google's free Android operating system.

The legal battle between Apple and Samsung could jeopardize business ties between the two technology companies, as the Cupertino, California-based company depends heavily on Samsung for components such as chips and LCD displays.

Operating systems have emerged as the key battlefield for dominance of the world's smartphone market.

Android became the most popular smartphone software in the United States in the three months ending in February, ahead of Apple and Research in Motion, according to a recent survey by research firm comScore.

Samsung is one of the fastest-growing smartphone makers on the back of the Android boom and has emerged as Apple's strongest competitor in the tablet market, with models in three sizes.

Samsung said in a statement Friday that Apple's iPhone and iPad infringe Samsung's 10 mobile technology patents and it called for Apple to stop infringing its technology and compensate the company.

Samsung said the suits, filed in South Korea, Japan and Germany, involved 10 alleged infringements of patents mainly involving power reduction during data transmission, 3G technology for reducing errors during data transmission, and wireless data communication technology.

"Samsung is responding actively to the legal action taken against us in order to protect our intellectual property and to ensure our continued innovation and growth in the mobile communications business," the statement said.

Global technology companies are locked in a web of litigation as they try to defend their shares of the booming tablet and smartphone market.

Strong sales of the iPhone and iPad translate into more revenue for Samsung. Apple was Samsung's second-biggest client after Japan's Sony Corp last year, bringing in around $5.7 billion of sales, and is widely expected to become Samsung's top client this year.

The battle comes ahead of Samsung launching a new version of its successful Galaxy S smartphone next week in Korea, a key product for the world's No.2 handset maker to meet its target of 60 million units of smartphone sales this year.

Copyright 2011 Thomson Reuters. Click for restrictions.

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