A judge has denied Samsung's request to see the next-generation Apple iPhone and iPad in order for it to build its case in an enduring patent dispute between the world's second- and third-largest smartphone manufacturers.
But as intellectual property activist Florian Mueller notes, the judge essentially gave Samsung another cause for demanding a sneak preview.
The legal battle began in April when Apple sued Samsung for copying iPhone and iPad designs in its Galaxy range, which includes the Galaxy S 4G and Galaxy Tab. To strengthen its proposal for a preliminary injunction of Galaxy devices, Apple requested—and was granted—access to five then-unreleased Galaxy prototypes (though some of these prototypes, like the Galaxy Tab 10, were already circulating among developers). A week after Apple's motion, Samsung claimed three separate patent infringement suits against Apple in South Korea, Japan, and Germany.
Meanwhile, to defend itself against Apple's pursuit of a preliminary injunction, Samsung asked presiding U.S. district Judge Lucy Koh to force Apple to hand over its next-generation iOS devices, so Samsung could prove its Galaxy devices would not rip-off any future Apple products.
On Tuesday, Koh denied this request (see the full 11-page ruling below), arguing that Apple's patent claim only related to available 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," Koh wrote, "and not at Apple's unreleased, inaccessible, next generation products."
But wait! Mueller spotted a passage in the ruling suggesting that if Apple continued to push for a preliminary injunction, Samsung may have a reason to demand Apple produce these unseen iOS devices.
"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," Koh wrote.
"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," Mueller wrote in a blog post.
Coincidentally, several rumors point to a radical" design departure in the next iPhone.
Last Friday Apple added 13 more Samsung devices to its complaint.
In related news, a newly awarded Apple patent gives it ownership of the capacitive multitouch interface, spelling big trouble for rival smartphone makers, say patent experts.
Court Order Denying Motion Re iPhone 5 iPad 3
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