Here is an update on the Samsung versus Apple patent infringement lawsuit:
Samsung Electronics, sanctioned by a U.S. judge for its failure to produce source code in a patent-infringement case in San Jose, California, won’t be able to use some evidence to defend itself against Apple Inc., a judge ruled.
U.S. Magistrate Judge Paul S. Grewal wrote in his May 4 ruling that Samsung “plainly violated” a court order requiring it to turn over code to Apple, and ruled that Samsung won’t be able to offer evidence in the case about its efforts to “design around” three patents at issue in the case.
In its lawsuit, Apple claims that Samsung’s 4G smartphone and Galaxy Tab 10.1 tablet computer infringe its patents. In December, U.S. District Judge Lucy Koh in San Jose ruled against Apple’s request to block Suwon, South Korea-based Samsung from selling that phone and tablet in the U.S. That order followed an Australian court ruling lifting an injunction on the tablet there.
Samsung, which was the world’s largest seller of smartphones last year, and Cupertino, California-based Apple have filed at least 30 lawsuits against each other on four continents since April 2011.
In his ruling, Grewal said producing source code in patent litigation is “disruptive, expensive, and fraught with monumental opportunities to screw up.” Still, under federal law there is no exception to the requirement, especially when a defendant in a patent suit challenges the opposition’s failure to analyze the accused product’s source code, the judge said. [Korea Herald]
It seems to me that by Samsung not providing the source code for the legal authorities to compare to Apple’s source code is a sign that maybe they really did infringe on Apple’s patent.