Judge Declines Samsung’s Request to Peek into iPhone 5 and iPad 3

Judge Lucy Koh has rejected Samsung’s request to inspect Apple’s iPhone 5 and iPad 3. In an 11-page document, she explained that while Samsung is entitled to “parity,” requesting for Apple to hand over unreleased and unrevealed products was a bit overreaching.
While the decision sounds good for Apple, the rejection of Samsung’s motion is not permanent because the court may have to wait until the iPhone 5 and iPad 3 become available for inspection before deciding whether or not “consumer confusion” will exist as claimed by Apple. This also means that Apple may not get thepreliminary injunction that would have barred Samsung from selling certain products in the United States.
Although Apple may not get the injunction that it wants, it may focus its legal battles against Samsung’s unreleased and unnannounced products that could pose an infringement threat. And the cycle continues.
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