Robert Triggs / Android Authority
TL;DR
- Apple recently requested internal data from Samsung to prove that iPhone users can easily switch to Android.
- The DOJ says Apple waited too long to request Samsung’s data, even though it knew the company was central to the case.
- It warns that the international process to get internal Samsung data could delay proceedings and should not be used as a reason to extend deadlines.
- Even if the request is approved, the DOJ says Apple might not get the data in time and will have to accept that risk.
Apple’s plan to use Samsung’s data to defend itself in its antitrust fight is now facing resistance from the US Department of Justice (DOJ).
The Cupertino company recently asked a US court for permission to obtain internal documents from Samsung’s South Korean parent company. The idea is to use data from a major Android rival to show that users can easily switch between iPhone and Android, and aren’t locked into Apple’s ecosystem.
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Now, the DOJ has responded (h/t 9to5Mac), and it’s not too happy about how Apple is going about proving its theory.
In a new court filing, the DOJ argues that Apple has known for a long time how important Samsung is to the case and that the company waited months before making this request.
According to the agency, the process Apple is trying to use involves a complex international legal mechanism under the Hague Convention. There’s a good chance the data Apple wants won’t arrive before the current discovery phase ends.
For these reasons, the DOJ says Apple shouldn’t be allowed to use this as an excuse to slow the case down.
In fact, the filing explicitly warns that the court should not extend deadlines or delay the trial just because Apple is now trying to gather evidence from Samsung. If the request is approved, the DOJ says Apple should accept the risk that the data might come too late to be useful.
Interestingly, the DOJ also says that it takes no position on whether the court should allow Apple to seek internal data from Samsung. Instead, its focus is on keeping the case on schedule and preventing any further delays owing to Apple’s move.
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