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Judge tells Samsung: No Apple sneak peeks for you!

Gregg Keizer | June 22, 2011
A federal judge yesterday denied Samsung's request to see samples of Apple's next-generation iPhone and iPad, court documents show.

"Apple maintains a strict policy of not commenting on future products and takes extensive measures to protect information about its unreleased products," Koh said. "Unlike Samsung, Apple has not publicly announced or described the products Samsung seeks to obtain. Instead, Apple closely guards this information as a trade secret."

Most analysts believe Apple will not start selling a new iPhone until September, breaking with its practice the last four years, when it launched new models in June or July.

Koh also used her order to discuss Samsung's rights in fighting Apple's demand for an injunction, saying that although Samsung can't see samples of the next iPhone and iPad now, it can later argue that those devices, not the current models, should be what are compared to its products.

"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. "[And] Samsung is free to argue that because the iPhone 4 and iPhone 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."

A trial date for the case has not been set.


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