Court denies Samsung’s request to see iPad 3 and iPhone 5


22 Jun 2011

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Samsung’s request to see Apple’s next iPhone and iPad has been rejected by a US judge as the two tech giants battle in court over smartphone patents.

In a legal document found by FOSS Patents, US District Judge Lucy Koh denied Samsung access to these products, saying Apple’s accusations claiming that Samsung copied its devices are only based on their current products.

“Ultimately, the essence of Apple’s claims is that Samsung has copied Apple’s products. Common sense suggests that allegations of copying are necessarily directed at Apple’s existing products, to which Samsung has access and could potentially mimic, and not at Apple’s unreleased, inaccessible, next-generation products,” wrote Koh.

Koh also noted that Samsung’s requests to see the iPad 3 as its release is imminent were unfounded, as she is aware that Apple’s normal release cycle for the tablet is yearly, whereas the iPad 2 only came out three months ago.

In April, Apple sued Samsung, claiming it copied the ‘trade dress’ of its iPhone and iPad products for its Galaxy line of smartphones and tablets.

Samsung then countersued, saying Apple infringed on 10 of its own patents.

Last month, Samsung filed the request for Apple to grant it access to the next iPhone and iPad for its defence. A court had already ordered Samsung to offer similar materials for Apple, but Koh pointed out that of the five Samsung products the court ordered them to hand over, three were publicly released before the deadline set by the court.

Apple said the request was an attempt to “harass” the company into revealing sensitive trade secrets.

Photo: The Apple iPad

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