Samsung files motion to see iPad 3, iPhone 5 prototypes

By Adam Rosenberg May 29, 2011

samsung-v-apple-counter-motion — Image used with permission by copyright holder

Samsung now has something in common with every single Apple customer on the Internet: it wants an early look at the iPad 3 and iPhone 5. The two companies are currently embroiled in an ugly court battle; Apple struck first, filling suit against Samsung in April for allegedly copying its products. Samsung fired back almost immediately afterward with a countersuit, one which calls Apple out for being the copycat. The iOS-maker scored a big win this month when a federal court ruled that Samsung had to hand over a number of products, including the unreleased Galaxy S II, Galaxy Tab 8.9 and Galaxy Tab 10.1, so Apple could decide whether to seek an early injunction. Samsung has responded in kind, asking for access to Apple’s own closely guarded unreleased products.

Samsung’s “reciprocal expedited recovery request” to Apple asks for samples of “the final, commercial version of the next generation” iPhone and iPad, This Is My Next reports. The document goes on to say that in the case of the smartphone, that means “whether the product will be known as the ‘iPhone 4S,’ ‘iPhone 5,’ or some other name.” Clearly Samsung reads the same websites that we all do (this one!). In the case of the tablet, that means “whether the product will be known as the ‘iPad 3,’ ‘Third Generation iPad,’ or some other name.” Samsung also wants the final packaging for all products it expects Apple to provide.

The difference between the recent ruling in favor of Apple and the Samsung request is, the unreleased product that the latter company is being asked to provide has already moved past the prototype phase and is now being prepped for release. In the document laying out Apple’s recent court win, the judge even points out the fact that Samsung has begun its advertising for those items, and as such it cannot argue against giving the company access. Apple, on the other hand, has a thing for not announcing new products until they’re nearly upon us. It’s an approach that has always worked for the company, and it seems that one of the hidden, additional advantages will likely be the courts striking down Samsung’s motion. Nothing’s been decided yet (that we know of), but that seems the most likely outcome for this counter-motion.

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Previously, Adam worked in the games press as a freelance writer and critic for a range of outlets, including Digital Trends…

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