Judge Lucy Koh has turn down Samsung request to access to the iPhone 5 and iPad 3, Samsung is at legal battle with Apple over some patents. Earlier Apple dragged Samsung to court over copying of its iPhone and iPad products and as a part of this court proceeding Samsung was forced to grant access to Apple to its Several products. So, Samsung in turn request the court to let them access Apple’s iPhone 5 and iPad 3 hoping to get the permission.
Samsung is free to argue, for instance, that 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. 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. By choosing to allege infringement only of its current products, Apple opens itself up to these arguments.
Fosspatents has mention in their site that Apple might not get preliminary injunction for certain sale of Samsung products in U.S. If Apple apply for injunction against Samsung then that it gives a hint that Apple will release new iPhone in near term.