As expected, Samsung's request to examine the iPhone 5 and the iPad 3 was denied by Judge Lucy Koh in a ruling handed down yesterday. The judge expressed the need for fairness, but said Samsung overstepped the line when it asked for devices that are unannounced and likely in the prototype stage. Apple also asked to view Samsung devices, but the bulk of those products were already on the market or formally announced by the Korean manufacturer.
One piece of bad news was handed down to Apple. A portion of the judge's order hints that Apple may not get an injunction against Samsung unless it provides the iPhone 5 or the iPad 3 to the court for evaluation. Without the threat of an injunction, Samsung can continue to sell its mobile devices in the US and is not under any pressure to reach a settlement in this case.