Last week Apple touched on Samsung's request for access to the iPhone 5 and iPad 3, claiming that it the move was "an improper attempt to harass" and that it shouldn't be allowed because Apple was only asking to see existing products. It seems that the judge in the case agreed at least with the latter part of that claim, as Samsung's request to see the new iPhone and iPad has been denied. The judge explained that while Samsung is entitled to equal treatment, this particular request was overreaching.
It's not all good news for the folks in Cupertino, though, as the court order hints that Apple may not get the preliminary injunction on several Samsung devices that it's been considering. The judge points out that Samsung could argue that its devices may not be placed side-by-side with the iPhone 4 and iPad 2, but rather with the new iPhone and iPad, or that those two devices soon may not be sold to the same class of customer that's interesting buying new Samsung products. The reason that these arguments may work is because Apple is alleging that Samsung is infringing only on its current products. This isn't a definite sign that if Apple requests an injunction, it'll be denied, but it's definitely no longer a lock for approval either.
It's not a total shock to see that Samsung's request for the iPhone 5 and iPad 3 has been denied considering that, as explained earlier, Apple is asking for access to current products while Samsung wanted future devices that have yet to be announced. It remains to be seen whether or not Apple plans to file for a preliminary injunction on some of Samsung's devices, but FOSS Patents points out that Apple needs to be careful when it comes to determining when such a request should be made. It a motion for an injunction were to be shot down, it could make Apple look bad. Maybe more of a reason for the two companies to get in a room together and hash this all out?