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Friday, July 01, 2011, 11:50 am PT (02:50 pm ET)

Samsung says it's competing with, not copying Apple

In its latest legal filing, Samsung has told a California court that it is competing with Apple, not copying the company, while Apple is instead looking to "avoid such competition."

The new statements from Samsung's legal team are in response to an amended complaint filed last month by Apple. Apple has accused Samsung of copying the look and feel the iPhone and iPad with devices like the Galaxy S smartphone and Galaxy Tab touchscreen tablet.

"The Samsung Defendants admit they have not ceased competing with Apple notwithstanding Apple's efforts to avoid such competition," the company wrote in its latest filing, as highlighted by Florian Mueller of FOSS Patents.

Apple has gone as far as to refer to Samsung as "the copyist" in its legal filings. But in its latest filing, Samsung suggests to the court that what Apple feels is copying, Samsung believes is competition.

"Intellectual property and competition are two conflicting goals," Mueller offered in his analysis. "The question is how to reconcile them. If all copying is allowed, there's probably a lot of competition, but investment in innovation and the introduction of new products won't be sufficiently incentivized. Innovators need a certain 'breathing space' — but there must also be room for (fair) competition."



The new filing comes only a few days after Samsung asked the U.S. International Trade Commission to ban the import of Apple products. The courtroom battle between the two tech giants began in April, when Apple first sued Samsung for allegedly copying its mobile devices.