clock menu more-arrow no yes mobile

Filed under:

Shocker: Samsung not allowed to see iPhone 5 and iPad 3

New, 149 comments

No surprises here, but the court in Apple vs Samsung just denied Samsung's request to see early samples of the iPhone 5 and iPad 3. Samsung had argued it needed to see what Cupertino was working on in order to judge whether its own future products might be infringing, but the court didn't really buy it -- and it pointed out that Samsung didn't produce any precedent that would support such an order. Of course, the flipside of all this is that the court did previously order Samsung to turn over early samples of the Galaxy Tab 10.1, Droid Charge, and other devices, but the difference there was that Sammy had already disclosed those products publicly.

So what's next? It sounds like Apple's seriously considering filing for a preliminary injunction to keep various upcoming Samsung products off the market while the case is decided, but that's a little up in the air -- and the court did leave the door open for Samsung to get early samples of the iPhone 5 and iPad 3 if and when those are announced. (Florian Mueller has some more analysis, if you're interested.) Those will be big moves if and when they happen -- we'll keep you updated. (Note: image is our iPhone 5 mockup — not a real photo.)

Source: Order [PDF]