Samsung has been denied access to the iPhone 5 and iPad 3 in its legal battle with Apple, according to FOSSPatents.
Apple has accused Samsung of copying its iPhone and iPad products and taken legal action against the company. As part of these proceedings Samsung was forced to hand over some of its unreleased devices to Apple. In turn, Samsung demanded that Apple be forced to hand over the iPhone 5 and iPad 3.
Yesterday, Judge Lucy Koh denied Samsung's request noting that the company was overreaching in their request. However, Koh hints that if Apple were to file a preliminary judgement that it may need to be evaluated against the background of the iPhone 5 and iPad 3.
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.
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- Posted using my iPhone 4