Just like us, Samsung not allowed to see iPhone 5 until fall

Just like us, Samsung not allowed to see iPhone 5 until fall

The judge hearing the Apple vs. Samsung "copy-cat" lawsuit has denied a motion by Samsung asking that Apple allow Samsung's outside council advanced looks at iPhone 5 and iPad 3. The judge had previously granted Apple's request for Apple's outside council to look at Samsung's upcoming devices, since Samsung had already shown off or given away previews to the press and public. Apple, however, keeps their stuff secret. But of course, it's not that simple:

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 iPhone 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.

Says Florian Mueller of FOSS Patents:

[Apple] might want to proceed cautiously and wait with a preliminary injunction motion until the iPhone 5 can be shown, or present only a tablet-related motion in the very near term and a smartphone-related one a little later.

We'll see how bold or conservative Apple is.

And Samsung. If they really wanted to have fun with this, their CEO to start dressing in jeans and black mock turtleneck...

[FOSS Patents]

Rene Ritchie

Editor-in-Chief of iMore, co-host of Iterate, Debug, ZEN and TECH, MacBreak Weekly. Cook, grappler, photon wrangler. Follow him on Twitter, App.net, Google+.

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There are 2 comments. Add yours.

Paxmos says:

It's all about the power of money.

Rob White says:

Samsung replies to the judge; "Dear judge, Thank you for your warmth & genuine understanding about this situation. We know it was a long shot that a judge in California would rule against your state's media daring company & that's fine. We also fully expect continued rulings in their favor with regard to this silly lawsuit. Having said all of this we want to tell you sincerely to go suck wind. We have no intention of complying with your "order" or any future "orders." So do enjoy your court proceedings & please give our warmest reguards to Steve when you are invited to dinner at his house."
Your Friends at Samsung