Court has yesterday denied Samsung’s request to see unreleased iPhone 5 and iPad. You may remember back in May Samsung filed motion asking to see the iPhone 5 and iPad 3 after Samsung was forced to hand over prototypes of unreleased Samsung Galaxy S 2, Galaxy Tab 8.9 and Galaxy Tab 10.1, Infuse 4G and Droid Charge devices to Apple’s legal team.

The good news for Apple is that Samsung’s motion is denied at least for the time being. This comes as little surprise.

It was all too obvious that Samsung was comparing apples to bananas: Apple’s request for expedited discovery was far more justified (in terms of a need to evaluate the requested material) and far less prejudicial (as Apple only requested products of which samples were already circulating, in the case of the Galaxy Tab 10.1 including 5,000 samples handed out at a Google developer conference) than Samsung’s related motion.

Even though the court had previously indicated that “what’s good for the goose is good for the gander”, the “what” was very different between the two requests, and the “why”, too. The judge made a lot of effort in her 11-page order to explain that Samsung is entitled to “parity” but its motion was overreaching in this case.

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