U.S. Magistrate Judge Paul Grewal has ordered Apple to provide Samsung access to sketchbooks and computer-aided-design (CAD) files relating to the development of its iPad and iPod products. Both companies are locked in an intellectual-property dispute over the design of tablet computers and smart phones. This is but another chapter in the protracted suit between the technology giants, with Apple being granted an injunction by the German courts in July that bars importation of Samsung’s tablets and phones. This back-and-forth is blazing trails in the realm of e-discovery, as well as in design patents. The access to the sketchbooks and CAD files must be done in a secure third-party location, adding another layer of complexity to the already complex e-discovery procedure between sophisticated parties. The first to market design dominance that Apple has been able to wield could impact the representation of emerging OEMs (Original Equipment Manufacturers).
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