U.S. Circuit Court judge Lucy Koh has denied Samsung's request to see the unannounced iPhone 5 / iPhone 4S and the third-generation iPad, citing the Korean company’s failure to request reasonable discovery.
According to a post on Foss Patents, judge Lucy Koh said that "If Samsung had requested reasonable discovery along the lines discussed at the hearing on Apple's motion for expedited discovery, the Court would have granted the request," the order reads.
"However, as Samsung has not requested such discovery in this motion, the Court cannot order it. In any case, it appears that Apple may be willing to provide such discovery without the need for Court intervention," the judge said.
In the court documents, there is a passage that bears a reference to a possible preliminary injunction motion that Apple may present in the near term.
Samsung can still "raise the possible introduction of next generation products", in its opposition to such a motion, says the judge.
“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,” she said.
“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,” Judge Koh concluded.
For those who haven’t followed the spat between Apple and Samsung up close, a few reference articles can be found below.