Sorry Samsung: No iPhone 5 For You (Yet)

Looks like Samsung will have to wait in line to buy an iPhone 5 or an iPad 3 just like the rest of us. A federal court judge has tossed aside Samsung’s claim that it was entitled to see Apple’s next-generation mobile products in order to prove that it hasn’t copied Apple’s designs over the past few years.

Apple sued Samsung earlier this year claiming that devices like the Galaxy Tab 10.1 and the Nexus S, among other Samsung products, are rip-offs of the iPad and iPhone. In order to prove its case, Apple (NSDQ: AAPL) sought to have Samsung provide samples of the Galaxy Tab 10.1, which had been announced at CTIA but had yet to ship. Samsung countered by claiming that it if was going to be forced to hand over products that had yet to ship, Apple should have to do the same with the next version of the iPhone and iPad, which could arrive later this fall.

Unsurprisingly, that’s not going to happen. FOSS Patents spotted a court filing yesterday from Judge Lucy Koh denying Samsung’s request. “Ultimately, the essence of Apple’s claims is that Samsung has copied (emphasis in original) Apple’s products. 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,” Judge Koh wrote in denying the motion.

Apple and Samsung will likely wind up still locked in litigation after the next iPhone is released, which could come as soon as September according to a Bloomberg report Wednesday, so in the end it might not really matter.