Do you remember the trial in which Samsung was sued by Apple for copying certain iDevices? If so, then Apple won the first battle in the process and a gained access to the prototypes of the Samsung Galaxy S II, Samsung Galaxy Tab 8.9, Samsung Galaxy Tab 10.1, Samsung Infuse 4G and Droid Charge products. An American judge decided that Apple should have access to the prototypes of these products following the evidence presented by the company in court. This is only the first step in winning the war against those from Samsung, but there is still a long way to go.
In particular, the design and appearance of Samsung's upcoming products and packaging are directly relevant to Apple's trademark, trade dress, and design claims. Because these claims are subject to consumer confusion and "ordinary observer" standards, the products themselves and the packaging in which they are sold are likely to be central to any motion for preliminary injunction.
Of course, Apple's engineers will not have access to the prototypes, but part of the company's legal team will inspect the products together with Samsung representatives. Apple could even request a ban on the sale of the Galaxy series in the US if it turns out that there are good reasons to make such a request. The process will be long and will probably end with an agreement between the 2 companies, but for now Apple has won the first battle.
