Samsung’s request to see the iPhone 5 and iPad 3 denied

A few weeks ago Samsung requested to see Apple’s next generation iPhone and iPad, a request that has been denied. It is pretty obvious this request was made only because Apple requested, and was granted permission, to take a look at some of Samsung’s next generation hardware. The only difference between the two is that Samsung’s hardware was already shown to the public.

This is what the judge had to say:

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. 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.

Source: Samsung’s Request to See iPhone 5 and iPad 3 Denied

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