Apple iPhone 5 (4S) & iPad 3 Demanded by Samsung: Fighting Back

It seems that the ongoing legal hostility between Apple and Samsung is set to deepen as the two tech giants head towards one enormous face-off. You may remember how we told you last week that Apple was granted access by a judge to upcoming Samsung prototypes and now it seems that Samsung is fighting back and has now demanded access to the next Apple iPhone 5 (4S) and iPad 3.

The prototypes that Samsung were ordered to hand over to Apple were for the Droid Charge, Infuse 4G, the Samsung Galaxy Tab 8.9 and 10.1, and the Galaxy S2 (II), although the difference here is that these products were already announced and now some are even on sale in some regions. However a stipulation was that only lawyers would get to look at the products and not engineers or other Apple employees. Apple’s stance is that some Samsung products are too similar to its own iOS devices and that by seeing these pre-production models they could establish whether consumers could be confused between the two.

The tit-for-tat action from Samsung was brought to our attention by Michael Grothaus over on TUAW, sourced from ThisIsMyNext and also MacRumors. It seems that Samsung has now demanded access to the “final commercial version” of the iPhone 5 and iPad 3, along with packaging, as the company says it needs to assess possible similarities in case of any further legal action from Apple. In the same way as Apple gaining access to Samsung’s prototypes, only lawyers for the company would be able to see the Apple products but we’d say the chances of Samsung gaining this access are extremely slim.

Meanwhile TheGadgets gives another look at this story and points out that the Apple case was made on products already known about and in existence whereas the iPhone 4S or iPhone 5 has not yet been officially announced. Samsung is therefore basing its motion on reports of a future iPhone from Internet sites and Apple’s past patterns. It’s certainly an intriguing development though and we look forward to seeing how things pan out. What are your thoughts on this story? We’d be interested to hear what you think so why not let us have your comments.