A silver lining emerges from the 11-page document penned by Judge Lucy Koh in the form of the following excerpt:
“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 iPad 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.”
The above text suggests the court may not grant Apple the preliminary injunction they are requesting to halt the release and sale of future Samsung smartphones and tablets. The reason being that Samsung could sufficiently argue that their new products more directly compete with the iPhone 5 and iPad 3 rather than the iPhone 4 and iPad 2, and a true comparison could not be made until Apple's next-gen lineup is revealed. As we are well aware, that should only be a matter of months away in the case of the new iPhone.
source: Android Phone
