Apple Loses Motion to Add Galaxy S4 to Apple v. Samsung II ~pj Updated

Magistrate Judge Paul Grewall has denied Apple's motion asking for leave to add Samsung's Galaxy S4 to Apple v. Samsung II. The presiding judge already ordered the parties to streamline the case and adding it would necessitate massive discovery. Also, he noted Samsung's argument that as a very new product, the financial data needed for litigation is not yet available. However, he suggests in a footnote that if Apple believes it's being irreparably harmed by the sale of this product, Apple instead should start a new case:

Although Apple did not raise the issue, the court notes that to the extent that Apple believes it is irreparably harmed by Samsung's sale of the Galaxy S4, a new case might actually be the better option to prevent sales as the time for a preliminary injunction in this case has long passed.

Imagine a third Apple v. Samsung litigation? The judge assumes there will be one anyway, because Apple had to drop some other products already, in the streamlining process.

Samsung wanted to amend its contentions, which the judge ruled in certain respects it can do and not in others, and to add some new products, which was denied. Samsung has 7 days to amend some contentions Samsung says are not new but Apple asserted were, in harmony with the judge's particular guidance.

And there was a Samsung motion to compel, mainly hoping to get materials from other cases Apple is or was involved in as a party. On that, the court allowed some and denied some, and it granted Samsung's request for Apple source code, including "any code that it created to allow the third-party components to interact with the software or other hardware in the accused devices."