Samsung has been refused access to unreleased iPhone 5 and iPad 3 prototypes after a US judge ruled the Korean company had no legal right to see Apple’s upcoming products.
Having ‘demanded’ access to Apple’s unreleased tech after the Cupertino firm was granted access by a US court to view unleashed Samsung devices as part of an ongoing legal patent row, Samsung has been refused a viewing with the mooted devices in order to check if Apple has infringed on its patents.
Despite refusing Samsung access to the Apple devices, Judge Lucy Koh has announced the Galaxy S II and Galaxy Tab 10.1 maker will still be able to use the iPhone 5 and iPad 3 in its legal dispute once the device are released to the public.
"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,” Koh announced.
"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."
Whilst confirmed release dates for the iPhone 5 and iPad 3 are being kept the industry’s most well kept secrets, last reports suggest the iPhone 5 will be officially unveiled and released this August sporting an 8-megapixel camera with 1080p Full HD video recording capabilities, a 1GHz dual-core processor and a radically redesigned form factor.