Apple's says Samsung's request to see the iPhone 5 and iPad 3 is an 'improper attempt to harass '.
Samsung's Motion to Compel is an improper attempt to harass Apple by demanding production of extremely sensitive trade secrets that have no relevance to Apple's likelihood of success on its infringement claims or to a preliminary injunction motion. Apple made a compelling showing in its motion to expedite discovery that Apple needs samples of products that Samsung has already announced, distributed, and described, so that Apple can evaluate whether to file a preliminary injunction motion against those products, which look strikingly similar to the distinctive trade dress of Apple's current products. Samsung has made no such showing about Apple's future products. Therefore, Samsung's Motion to Compel should be denied
FOSS Patents has a nice analysis of each parties position on the matter. Apple's position seems a bit stronger especially considering it has never announced or even hinted that the iPhone 5 and iPad 3 exist.
You can read more at this link.
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