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Apple: Samsung Only ‘Partially’ Complied With Source Code Order

March 12, 2012

Apple has accused Samsung of only "partially" complying with an order to produce source code in the companies' ongoing patent battle.

In December, a Northern California district court ordered Samsung to produce source code for nine functionalities found in its devices - from pop-up windows to scroll lock - by Dec. 31.

"Samsung only partially complied with that Order: as of December 31st – and as of today – Samsung produced source code for just one version of each of the accused products," Apple said in a Friday filing. "Samsung withheld the source code for all other versions of each accused product. Apple repeatedly asked Samsung to produce the remaining source code, but Samsung did nothing."

This lack of compliance, Apple argued, means it is "too late for Apple to make meaningful use of any late produced source code" since expert reports are due in less than two weeks. As a result, Apple is asking that Samsung be banned from "relying on or in any way using the source code it failed to timely produce under the December 22, 2011 order."

Apple acknowledged that Samsung produced "some" source code, but not enough. Cupertino said it asked Samsung in early Februrary to turn over the remaining code and again during mid-February lead trial counsel meetings, but to no avail.

Samsung reportedly told Apple that "the produced source code did not materially differ from the code in the versions of the accused products for which Samsung had not produced source code," according to Apple's filing.

Samsung did not immediately respond to a request for comment.

Apple and Samsung have been battling each other since April 2011 when Apple sued Samsung for copying the look and feel of its iPhone and iPad in its flagship Galaxy S line of devices. Samsung responded with a countersuit that targeted Apple for infringing on five patents relating to wireless networking technology. The fight has since expanded to dozens of courts around the globe, most notably in Germany. Just last week, Samsung filed suit on its home turf of Seoul, South Korea.



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