Samsung is denied a look at Apple's Iphone 5 and Ipad 3

KOREAN HARDWARE MAKER Samsung has been shot down in its request to see prototypes of the Iphone 5 and Ipad 3, a US judge has ruled.

A patent dispute between the hardware giants has taken a further turn against Samsung with a decision that its request to see the devices is unreasonable. The litigation began in April when the fruit themed firm sued Samsung for allegedly copying its designs.

Judge Lucy Koh wrote, "The new iPad 2 was introduced a mere three months ago. Thus, Samsung's contention its new tablet products are likely to be encountered alongside a next-generation iPad is quite speculative and Apple's decision to focus on infringement of the iPad 2 appears reasonable."

She continued, "Common sense suggests allegations of copying are necessarily directed at Apple's existing products, to which Samsung has access and could potentially mimic, and not at Apple's unreleased, inaccessible, next-generation products."

It's not all bad news for Samsung though, as Judge Koh added, "Samsung is free to argue 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."

Further, "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."

Apple hasn't been too pleased about Samsung's legal tactics prior to this ruling and accused Samsung of harassment for wanting to see the next generation models of its smartphone and tablet.

The cappuccino company is likely to push on with a request for a preliminary injunction, which if granted could force Samsung into a settlement. µ