Judge to Samsung: Nice Try, but No Early Peek at iPhone 5, iPad 3
If Samsung wants a look at the Apple’s iPhone 5 and iPad 3, it’s going to have to wait until their official release just like everyone else.
The U.S. judge presiding over the patent battle between the two companies on Tuesday rejected
Samsung’s request for a look at prototypes of those iOS devices, saying those unknown and unnannounced products aren’t really relevant to the company’s defense.
“Ultimately, the essence of Apple’s claims is that Samsung has copied Apple’s 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, and not at Apple’s unreleased, inaccessible, next generation products,” U.S. District Judge Lucy Koh wrote in her ruling. “Samsung has cited no case requiring a plaintiff in a trade dress or trademark case to produce its future products in a context similar to this one. Given these circumstances, the Court agrees with Apple that it simply has not put its next generation products at issue, at least with respect to its anticipated motion for a preliminary injunction, and Samsung does not need access to these products in order to oppose such a motion.”
In other words, nice try Samsung. But no.
And that answer is hardly surprising. Samsung’s argument that it would like to make sure it hasn’t copied any Apple products no one has even seen yet was never a particularly strong one.