In what is most definitely part of a win for Apple in its ongoing legal case with manufacturer Samsung, the Korean firm’s request to see Apple’s unreleased iPhone 5 and iPad 3 have today been denied.

The news arrives via FOSS Patents, who reports that the judge overseeing the case has ruled in Apple’s favour regarding the request, although notes that Apple can also sometimes bring on its own issues.

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.

There has, however, been no injunction – (as of yet) – granted to Apple, which would prevent Samsung from being able to sell its Nexus and Galaxy smartphone and tablet devices in the United States, until the arguments have been resolved.

This gives Samsung more time to argue its case, with its most likely arrangement being that its Nexus smartphones and Galaxy tablets were based off the iPhone 4 and iPad 2, (Apple’s current product lines), which it could then cite that iPhone 5 and iPad 3 are expected to be different in design – and considering Apple only seems to be interested in protecting the designs of its most current products – this would serve as a solution to Apple’s original argument.

If Apple can present the iPhone 5 to the court and show that the alleged problem of “consumer confusion” is essentially the same as currently (in terms of similarities between the Galaxy handset and the iPhone 4), Apple’s motion for an injunction is no less likely to succeed (though it’s clear that Samsung would try to overstate any possible differences in design).

Of course, Samsung has reportedly now been denied access to such products and so the legal battle continues, until Apple either receives its injunction, or shows off its iPhone 5 and iPad 3 in court – which, lets be honest, isn’t going to happen.

If Apple would rather avoid this kind of impression, it might want to proceed cautiously and wait with a preliminary injunction motion until the iPhone 5 can be shown, or present only a tablet-related motion in the very near term and a smartphone-related one a little later.

[via 9to5Mac]