It probably won’t come as much of a surprise, in their mutual lawsuit the court has denied Samsung’s request to force Apple to turn over the unannounced iPhone5 and iPad3. As you recall, Samsung fired back with that request after Apple demanded the court force Samsung to turn over samples of their latest smartphones and tablets.
It’s now official, Samsung won’t be getting a sneak-peak at what’s coming next from Apple. However, this could result in a few unexpected consequences for Apple.
First, since the court denied the request, Samsung could argue that the iPhone5 and iPad3 don’t face competition from current Samsung devices — or currently planned Samsung devices. Therefore, the scope of Apple’s lawsuit (and Samsung’s counter suit) applies only to current devices (on both sides of the fence). This could potentially exempt future devices from any ruling that comes out of this case.
Second, and perhaps more importantly, the fact that Apple and the court denied Samsung’s request to see upcoming products could be interpreted as a positive defense against future claims from Apple. Samsung can now rightly state that they asked to see upcoming products to ensure their products would be individually distinguishable from similar products being offered by Apple, but were denied. Therefore, how could Samsung know what the particular products would look like, and subsequently, what their designs will be. Those designs, if similar, would then be due to the natural progression of the platforms, not outright copying.
Then again, asking to see what Apple is hiding in their R&D department could have been nothing more than sabre rattling to get Apple to back down. What are your thoughts? Let us know in the comments!
Source: Foss Patents