Judge declines Samsung request to see the iPhone 5 and iPad 3

A judge working on an infringement case between both Apple and Samsung has denied a Samsung request to see Apple’s iPhone 5 and iPad 3 devices, saying that the company is not required to hand over any of its future iOS hardware to Samsung’s lawyers

However, according to MacRumors, the judge did agreed that there is some merit to Samsung saying that their upcoming devices that are claimed to be infringing on Apple’s designs and packaging should only have to be compared to Apple’s future generation of hardware and not the current generation which consists of the iPhone 4 and iPad 2.

The judge overriding the case said, “Samsung is free to argue, for instance, that there is little likelihood of confusion because consumers will not encounter its products side-by-side with the iPhone 4 or iPad 2, but rather with Apple's next generation iPhone and iPad. Similarly, as to proximity, Samsung is free to argue that because the iPhone 4 and [iPad] 2 will soon be outmoded and reduced in price, they are not being sold (or very soon will not be sold) to the same class of purchasers who are likely to buy new Samsung products. By choosing to allege infringement only of its current products, Apple opens itself up to these arguments. ”

It was late last month that saw Samsung’s lawyers file a motion for the rights to see Apple's upcoming iPhone 5 and iPad 3. The motion requested that Samsung's lawyers be able to see a final (commercial) version of the iPhone 5, or rumored as the iPhone 4S, and the iPad 3. They claimed that in doing so, they could change their products to try and stop any future accusations of copying by Apple.

Apple responded by filing a request in the District Court for the Northern District of California last week asking the court to deny Samsung's request to see the designs for their future iOS hardware.

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