Samsung in their newly filed motion on Friday requests that Samsung's lawyers be able to see a final (commercial) version of the iPhone 5, or rumoured as the iPhone 4S, and the iPad 3. In the unlikely event that Samsung gets access to Apple's products, it'll only be Samsung's legal team that gets to see the devices.
Last week, Apple asked the court to order Samsung to hand over samples of the Galaxy Tab 10.1, Galaxy Tab 8.9, the Galaxy S II, the Infuse 4G, and the Droid Charge so Cupertino could figure out whether they should be part of the lawsuit --; and whether to ask for a preliminary injunction preventing Samsung's products from going on sale.
Samsung claims that it needs to see Apple's future products because devices like the Droid Charge and Galaxy Tab 10.1 will presumably be in the market at the same time as the iPhone 5 and iPad 3, and Samsung's lawyers want to evaluate any possible similarities so they can prepare for further potential legal action from Apple. It's ballsy, but it's not totally out of the blue..
- Samsung's asking for a court order requiring Apple to produce "the final, commercial versions" of the next-generation iPhone and iPad and their respective packaging by June 13, 2011, so it can evaluate whether there'll be confusion