According to This is my Next, after a judge ruled that Apple's outside council gets to see unreleased Samsung phones, Samsung has fired back demanding to see Apple's presumably upcoming iPhone 5 and iPad 3. Of course, part of the judge's ruling was based on Samsung having shown off or given away pre-release devices to the media and developers, and Apple absolutely does not breathe word one about their products until Steve Jobs or another exec holds them up on stage.

  • Samsung says it has to see the next-gen iPhone and iPad because it believes those are the products that will actually be on the market against future Samsung devices, so it has to be prepared for Apple’s potential motion for a preliminary injunction. That’s kind of a stretch: Apple can’t really file for a preliminary injunction based on potential confusion with unannounced, unreleased products, so Apple’s lawyers will almost certainly focus on confusion with the company’s existing products.
  • Samsung says that doesn’t matter because Apple tends to discontinue previous products when it launches new ones, and it has to be prepared for what might be in the market when and if Apple actually files its motion. This is also a bit strange, since Apple kept both the iPhone 3G and iPhone 3GS on the market after launching new models. You can bet Apple will point that out.

Apparently, Apple and Samsung negotiated for a year and couldn't come to an agreement before Apple launched their look-and-feel infringement suit, and there haven't been any talks since then. So chalk this up to Samsung trying to get some leverage. Whether or works or not, it could further delay what's no doubt going to be a long and protracted process.

So... countdown to Samsung outside council intern blurry cam shots?

[This is my Next]