Samsung denied access to iPhone 5 and iPad 3 prototypes

Samsung has been refused access to Apple's iPhone 5 and iPad 3 prototypes by a US judge, as the patent dispute between the smartphone giants rumbles on.

In an 11-page ruling, district judge Lucy Koh said Samsung's request was unreasonable as Apple's complaint is centred on devices that are already on the market and that Samsung therefore already has access to. 

"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 said.

"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."

However, Koh went on to suggest that Samsung may be able to defend a possible preliminary injunction motion filing by Apple accusing the firm of infringment on its products.

"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," Koh continued.

"Similarly, as to proximity, 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."

However, Apple is still likely to press ahead with a request for a preliminary injunction and Samsung could be forced to come to a settlement, according to a blog post by software patents expert Florian Mueller.

"Samsung's products indeed look very similar to Apple's devices, to an extent that may very well be legally problematic," he said.

"It's very possible Samsung will have to make some modifications to its design [and] pay royalties because Android most likely violates the intellectual property of a variety of right holders, only one of which is Apple."

Apple and Samsung executives were thought to be in talks about a potential settlement, last week.

However, Samsung denied this, telling V3.co.uk it was "unaware of any meetings or discussions between the two sides over this matter".