By 
When Samsung requested to take a peek at the upcoming iPhone 5 and iPad 3 as part of ongoing litigation in their current infringement lawsuit, Apple laughed at the proposition. The whole move was in response to the court granting Apple the privilege to scope out newly released and upcoming products from Samsung. The court won’t be giving Samsung the same luxury, as they have sided with Apple and denied Samsung’s request.
A silver lining emerges from the 11-page document penned by Judge Lucy Koh in the form of the following excerpt:
“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 iPad 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.”
The above text suggests the court may not grant Apple the preliminary injunction they are requesting to halt the release and sale of future Samsung smartphones and tablets. The reason being that Samsung could sufficiently argue that their new products more directly compete with the iPhone 5 and iPad 3 rather than the iPhone 4 and iPad 2, and a true comparison could not be made until Apple’s next-gen lineup is revealed. As we are well aware, that should only be a matter of months away in the case of the new iPhone.
[via MobileCrunch]
Well I guess Apple won’t have anything to complain about then if the next Samsung goods resemble the next Apple goods. After all, Samsung never got to see them so how do they know if they are copying or not. :P
if apple is allowed to see what samsung is making, then samsung doesnt need to see what apple is making because apple will see what samsung is making and make it look different…therefore there is no need for samsung to see apple products!
Horribly stupid argument.
So Apple will slightly change their products, based on this inspection, too look more like Samsung and then sue again in a year for Samsung still looking like Apple.
You are a fucking moron
Really? I am pretty sure this will give Apple a huge benefit by knowing what Samsung has in store for future release, giving them the advantage to one up everything, or grab new innovation ideas from Samsung whether it’s hardware, style, or software. If you know your product is crap compared to Samsung’s product that is about to release, then that saves Apple’s ass from releasing their product and losing money. There’s way too many things wrong with this lopsided decision.
More special treatment for Apple. Next they’re going try to get out of paying taxes or they’ll threaten to move production over seas (sarcasm).
Google avoids paying taxes through some loop hole in Ireland. It’s all the same. But yeah… at least we don’t have Foxconn plant explosions/suicides.
lawyers are happy, more suits please.
I really wish someone would take the baseball bat out of Apple’s ass. They have a little too much fun suing companies.
Yea, no delaying the Galaxy S 2 is all I wanted when all this started.
If thats what that excerpt means, great.
If the Judge allows Apple to see future products from Samsung then it should be allowed for Samsung to see future Apple products. I would file a motion to change Judges for unfair ruling. I feel it is complete bull shit. Apple spends more time suing then any other company. Apple feels the heat from Android, never mind the heat, the fire, Apple is stagnant, locked down and so much yesterday. Android is for the thinking public, people who don’t like being told what, when and how to use their personal products. Apple is for robots. The court system better get off the can and on the stick. Samsung should look into filing some kind of motion to change venue and judge. This Judge is in Apple’s pocket.
Where did you get your law degree?
Judge allows Apple to see new RELEASED Samsung Products. But what Samsung whants is to see Apple’s UNRELEASED products. Don’t you see any difference?
apple gets to see Samsung’s UNRELEASED products too… read more clearly please.
It’s not like Samsung really wants to see the next gen iphone or ipad in such a public forum. But the point is pretty clear, the court is taking a side and that ain’t samsung. Apple must have paid them off. It’s just typical american justice.
And no, I don’t like Samsung. In fact, I hate samsung. I just call it as I see it.
Hmmm that’s a serious claim I am sure the answer is no but have any proof?
Hate to break it to some of you fucking morons but unless you have proof you sound like a bunch of retards claiming Apple is paying off the judge or she is in their back pocket.
Retards
Damnit Samsung, stop selling Apple components to their iPhone/iPad!
I (seriously) wonder what kind of phone that judge has
I bet the judge owns an iphone
hah, sounds like an unfair trial. if they are taking this to an american court, than samsung has the right to a fair trial, and if the courts give apple the advantage, they are denying samsung their right to a fair trial.
renter is a d-bag and “likes” his own lame retorts.