Samsung has been ordered by a US court to hand over unreleased devices, as their patents battle with Apple intensifies.

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Apple is accusing Samsung for replicating the “look and feel” of its iPad, iPhone and even iPod Touch on its Android Galaxy S 4G, Epic 4G, Nexus S and Galaxy Tab, which the Korean giant is firmly denying.

This comes as it is due to release its its Galaxy S II in Australia later this week.

“Rather than innovate and develop its own technology and a unique Samsung style for its smart phone products and computer tablets, Samsung chose to copy Apple’s technology, user interface and innovative style in these infringing products,” Apple alleged in the patent claim lodged on April 15.

However, the courts appear to think the iPhone creator may have a case and has ordered Samsung to hand over two tabs to Apple: Galaxy Tab 8.9 and Tab 10.1 as well as Galaxy S2, and infuse LTE smartphones, all of which are as yet, unreleased, within 30 days.

“Apple has demonstrated good cause for some, limited expedited discovery,” said Judge Lucy Koh speaking in San Jos_ Federal Court, California last week.

 “Although the Court expresses no opinion on the merits of Apple’s claims, the Court notes that Apple has produced images of Samsung products and other evidence that provide a reasonable basis for Apple’s belief that Samsung’s new products are designed to mimic Apple’s products.”

“While Apple has not yet filed a motion for preliminary injunction, courts have found that expedited discovery may be justified to allow a plaintiff to determine whether to seek an early injunction,” she added.

However, if Apple do file for an injunction seeking to ban sales of its devices, then Samsung could face an enormous problem and may put a major spanner in their plan to catch up to the iPad 2 with its 10.1″ Tab.

According to the Courthouse News Service,  Judge Koh cited a TV news report that quoted a Samsung executive saying, “We will have to improve the parts [of the Galaxy Tab] that are inadequate. Apple made [the iPad 2] very thin.”

Meanwhile, the Galaxy makers argued surrendering unreleased devices to a rival would give an advantage to Apple, which the courts rejected since it released 5,000 Galaxy 10.1 inch Tabs to the public on May 10.

However, the judge refused Apple’s request to depose Samsung executives on each product.

What ever the outcome the case is not as simple as the two tech houses battling it out over a patents issue.

In fact Steve Jobs’ giant is one of Samsung’s biggest customers and make chips for several Apple products (including A4 and A5 processors found in the iPhone and iPad 2) so the outcome could also impinge on the commercial relationship..and Samsung’s bottom line.