Samsung is demanding to see the iPhone 5 and the iPad 3, now that a judge ruled that Apple’s outside council gets to see unreleased Samsung phones. The base of the ruling was because Samsung was showing off and giving away pre-released devices to the media and developers, and Apple is strongly against the public knowing about their product until Steve Jobs or another executive gets on stage and holds it up on stage.

* Samsung says it has to see the next-gen iPhone and iPad because it believes those are the products that will actually be on the market against future Samsung devices, so it has to be prepared for Apple’s potential motion for a preliminary injunction. That’s kind of a stretch: Apple can’t really file for a preliminary injunction based on potential confusion with unannounced, unreleased products, so Apple’s lawyers will almost certainly focus on confusion with the company’s existing products.

* Samsung says that doesn’t matter because Apple tends to discontinue previous products when it launches new ones, and it has to be prepared for what might be in the market when and if Apple actually files its motion. This is also a bit strange, since Apple kept both the iPhone 3G and iPhone 3GS on the market after launching new models. You can bet Apple will point that out.

Apple and Samsung negotiated for over a year and apparently could not come up with an agreement, so they had to take it to court.

Technorati Tags: samsung demands to see iphone 5, samsung vs apple