Federal judge Lucy Koh has denied Samsung’s request for early access to product samples of the next-generation iPad and iPhone in its patent infringement case with Apple. According to FOSS Patents, Koh explained in her decision that while Samsung was entitled to “parity” in relation to Apple’s request for samples of certain unreleased devices, samples of those devices have been in circulation, while Apple has not yet announced any details of its next-generation iPhone or iPad. Despite the favorable ruling, the decision also contained a passage that the report suggests is a hint to Apple that it may not be able to get a preliminary injunction against the sale of the targeted Samsung products in the U.S. at this time.
“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 said. “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 report goes on to suggest that Apple may wait until after it publicly announces the next-generation iPhone to proceed with an injunction request, at which time it could display the handset to the court and avoid any such issues.