Samsung: Our lawyers should get to see iPhone 5/iPad 3

The legal battle between Apple and Samsung just racketed up a few notches as Samsung's legal team file a motion to get their hands on samples of Apple's upcoming iPhone 5 and iPad 3.

This follows a similar demand from Apple a few days ago for Samsung to hand over samples fo upcoming products such as the Droid Charge, Infuse 4G, Galaxy S II, and Galaxy Tab 10.1 and 8.9.

Here's the meat from the motion:

STATEMENT OF ISSUES TO BE DECIDED

1. Whether Samsung is entitled to samples of the next generation iPhone and iPad, as well as those products' packaging and packaging inserts, in order to prepare its defense against any preliminary injunction motion brought against Samsung by Apple for trademark or trade dress infringement.

...

SAMSUNG'S CIVIL L.R. 37-2 STATEMENT

Pursuant to Civil L.R. 37-2, Samsung's reciprocal expedited discovery requests to Apple are set forth in full below:

1) a sample of the final, commercial version of the next generation iPhone that Apple will release, whether that product will be known as the "iPhone 4S," "iPhone 5," or some other name, along with the final version of the packaging in which this product will be delivered to retail customers and a final version of the insert(s) that will be included within such packaging; and

2) a sample of the final, commercial version of the next generation iPad that Apple will release, whether that product will be known as the "iPad 3," "Third Generation iPad," or some other name, along with the final version of the packaging in which this product will be delivered to retail customers and a final version of the insert(s) that will be included within such packaging.

Apple has objected/responded to Samsung's requests as follows:

This lawsuit is about Samsung's unlawful copying of Apple's trademarks, trade dress, design and utility patents. This valuable intellectual property is embodied in products that Apple currently has on the market. A preliminary injunction motion will be based on Apple's current intellectual property rights, not on future products. Because Apple's future products have no relevance to a preliminary injunction motion, we reject your request that Apple provide samples of such future products.

It's important to note that Samsung wouldn't get to see the iPhone 5 and iPad 3, only its lawyers.

So, how does Samsung know that the iPhone 5 and iPad 3 are incoming? It doesn't. It's making these claims based on 'internet reports and Apple's past practice' - so in other words, the rumor mill.

Motion here [PDF]