The international patents battle between Apple Inc. (NASDAQ:AAPL) and Samsung Electronics Co. Ltd is starting to mimic a schoolyard game of tag. Back and forth the two tech giants drag one another to court, making new claims against each other in a bid to win sole rights to sell particular smartphone technologies in various countries.
Most recently, Samsung has asked a Korean court to see the source code for Apple’s latest iOS, claiming the data is necessary to confirm the operating system infringes on Samsung’s software patent. Apple called the request “ridiculous” and denied access to one of its most guarded secrets.
The request “ doesn’t make any sense,” Apple stated according to court documents, calling the plea “insane” at one point. “Samsung is saying that we should give up protecting our most important data.” Apple (AAPL) also refused to provide its software designers and engineers for testimony.
According to the Korea Times, Samsung’s request came one day after the company’s lawyers said determining patent infringement would be impossible without the source code. Samsung alleges Apple’s Notification Center—a feature that allows users to swipe down from the top of an iDevice display to access a list of updates—infringes on Samsung’s patented technology seen in smartphones and tablets running Google’s Android operating system, including the Galaxy line. Samsung claims that Apple’s feature—released in with iOS6 2011—is identical to one it patented in November 2006.
Apple (AAPL), however, claims Samsung took ownership of a technology that was already “widely in use” throughout the industry.
Apple may or may not have a valid argument, but it’s air of surprise shouldn’t fool anyone. Samsung already demanded Apple’s source code once before—before an Australian court in a 2011 suit. In that case, the judge granted Samsung’s request, giving access to the iPhone 4S source code.
Apple gave a tag-back later that year when it convinced a California court to grant it access so Samsung’s source code for its 4G smartphones and Galaxy Tab 10.1. When Samsung delivered, Apple (AAPL) claimed it only “partially complied” with the court order and filed a new motion with the court.
And so continues the never-ending clash of the tech giants. Apple (AAPL) and Samsung are current engaged with one another in more than 40 lawsuits in the U.S., Europe, Asia and Australia as they try to convince courts to grant market advantage over the other.
According to the Korea Times, a judge has not yet decided whether to grant Samsung’s most recent request for Apple’s source code.
