Apple CEO Steve Jobs

Samsung denied request to see unreleased iPhone

Samsung's request to look at Apple's unreleased iPhone and iPad during a patent case has been rejected by a U.S. judge.

U.S. District Judge Lucy Koh made the decision in a litigation battle in which Apple claims that Samsung's Galaxy line of smartphones and tablets infringe several patents and trademarks.

Samsung has counter-sued, asserting its own patents against Apple, and last month filed a request for Apple to hand over the unreleased versions of the iPhone and iPad, saying it would be "highly relevant" to its defense. 

Samsung laywers argued the company had already been ordered by a judge to produce similar materials for Apple..

Apple opposed the request, saying it was an attempt to "harass" Apple into disclosing extremely sensitive trade secrets.

Judge Koh sided with Apple and said its legal claims are only based on its products that have already hit the market.

"Common sense suggests that allegations of copying are necessarily directed at Apple's existing products, to which Samsung has access and could potentially mimic, and not at Apple's unreleased, inaccessible, next generation products," she said in her judgement.

Samsung's Galaxy products use Google's Android operating system, which directly competes with Apple's mobile software.

Representatives from Apple and Samsung could not immediately be reached for a comment.

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