A US district judge this week handed Apple a victory in its ongoing legal battle with Samsung, denying the latter its reciprocal discovery request for a peek at prototypes of the upcoming versions of the iPhone and iPad. The request followed a similar one filed by Apple, in order to view Samsung products, including the Galaxy S II, Galaxy Tab 8.9, Galaxy Tab 10.1, Infuse 4G, and Droid Charge. Samsung, for its part, argued that taking an early look at the Apple's upcoming phone and tablet would be relevant to the legal ruling, seeing as how any changes made in those upcoming products would affect the trade dress ("total product image") of the line, and thereby potentially alter the possibility of consumer confusion, an important factor in determining infringement with certain unregistered trademarks with the product.

The court denied Samsung's motion on a number of grounds. For one thing, Apple's initial complaint pertained to infringement of existing products, parameters deemed legit by the court. Also, the court took into account the fact that Apple tends to be far more tight-lipped about its product releases, whereas Samsung made a point of offering up information about forthcoming products into the public domain, including the release of 5,000 Galaxy Tab 10.1 units as samples to the public. That said, the judge was careful to note that Apple's suggestion that court protection of its trade secrets was insufficient "is not well taken." More details after the break.

Continue reading Samsung denied preview of iPad 3, iPhone 5 in ongoing Apple infringement suit

Samsung denied preview of iPad 3, iPhone 5 in ongoing Apple infringement suit originally appeared on Engadget on Wed, 22 Jun 2011 11:37:00 EDT. Please see our terms for use of feeds.

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If you haven't been watching Kirby Ferguson's video series, Everything is a Remix, go watch it now. The highly intelligent and well-researched series challenges modern views of creativity by pointing out that nearly all critically-lauded works are built upon the foundations of works that preceded them.

For the third video in the series, Ferguson offers up a great modern-day example: the Mac. It's a well-known bit of computing lore that much of the innovations of the original Mac OS drew inspiration from work done at Xerox, but Ferguson goes one step farther and points out the inventions and ideas that laid the foundation for Xerox's fledgling OS in the 1970s.

Ferguson's thesis is that truly revolutionary ideas never spring fully-formed from the ether, and his example of the original Macintosh reminds us that all the gadgetry we use today, whether we take it for granted, complain about it breaking or accuse one company or another of ripping off the other's ideas, is a product of a steady stream of evolutionary steps rather than revolutionary thinking. Whether you're talking about Mac OS X Lion, Windows 8, iOS 5 or the latest sugary snack-named version of Android, all of them are simply remixes of what came before when it comes down to it.

Everything is a Remix 3 features Apple, Macintosh history originally appeared on TUAW - The Unofficial Apple Weblog on Wed, 22 Jun 2011 10:00:00 EST. Please see our terms for use of feeds.

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