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Samsung’s Motion Requesting To See Apple’s iPhone 5 and iPad 3 Was Denied By Court

We have reported to you last month that in the continuing heated legal battle between Apple and Samsung, the latter requested to have a look at Apple's next generation device which is the iPhone 5 and iPad 3. Samsung said that it was for the purpose of examination to determine if there are infringing similarities between Apple's next-gen offerings and Samsung's Galaxy devices. In response to Samsung's motion, Apple filed their own request to ban any of Samsung's mobile devices from being sold in the US. Requests from both companies were denied.

Samsung VS Apple
Samsung's motion to see Apple's unreleased devices is considered to be a bold move, if not ridiculous. Apple even goes as far as saying that it was Samsung's "attempt to harrass". But such by Samsung request does have its basis. Earlier during this ongoing copycat lawsuit, Apple had been granted by court to see Samsung's upcoming devices. Which is reasonable because such devices have been already been made public, complete with photos and released review units. So the court sided with Apple.

Apple's request to ban the Samsung's Galaxy line of devices was denied by the court as well. This is difficult because the court have no access to the iPhone 5 and iPad 3. The court find no reason to ban Samsung's devices since Apple's products will eventually be surpassed by the new ones. According to FOSS Patents:

The potentially bad news for Apple is that the court order contains a passage hinting that Apple may not get a preliminary injunction against the sale of certain Samsung products in the United States at this stage.

Instead, it may be necessary for the court to evaluate such a motion against the background of the iPhone 5 (as far as any Samsung phones are concerned) and the iPad 3 (as far as any Samsung tablet computers are concerned), whenever Apple is in a position to present those products.

So Apple can't hope to see an injunction until the release of its next generation devices:

But if Apple still doesn’t want to show the iPhone 5 at that stage, the court may be hesitant to grant an injunction because an injunction may be the appropriate decision as long as the Galaxy competes with the iPhone 4 but it may no longer be justified after the release of the iPhone 5, which almost everyone believes we will see later this year, in the event that the iPhone 5?s design departs in important ways from previous iPhones.

Galaxy VS iPhone 4
Despite this heated courtroom battle, Samsung is still one of Apple's most important partners. The South Korean company is the one responsible for the assembly of the A5 chip which is the chipset that's used for the iPad 2 and if rumors are true, on the next iPhone too. And if the rumors we have reported yesterday is true, Samsung is also allegedly Apple's supplier as the latter enters into the business of TV display.

Neither company is backing out and it is unclear how this whole legal battle will conclude. But do keep in mind that we have reported earlier that Apple has been granted patent for Multi-touch capacitive interface, which is used in the Galaxy devices, so that would most likely play a large part in securing victory in favor of the Cupertino based company. Stay tune with us for updates and development regarding this issue. [via FOSS Patents]

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