Tech giant Apple has been unsuccessful in its attempt to prevent the sales of the new Samsung Galaxy S3 in the US. However, iOS company is still confident in winning over its rival with the inception of its new mobile operating system and iPhone 5 this fall.

US court dealing with the lawsuit between Apple and Samsung said that it does not have the time or resources to add the Galaxy S3 into the equation. Apple will have to file another request if it still wants to pursue the case.

According to district judge Lucy Koh, "the pending motion for preliminary injunction is fully briefed, and the Court will not consider any further discovery or briefing. An order on the pending motion for preliminary injunction will issue shortly."

Two days before a scheduled hearing for a preliminary injunction for Galaxy Nexus, Apple tried to add the Galaxy S3 to the product list. Samsung argued that it was too late to do so and the court agreed by citing 'limited resources'.

Apple claimed that the Galaxy S3 infringes two of its iPhone patents relating to a universal interface for retrieval of information in a computer system and a system and method for performing an action on a structure in computer-generated data.

"If Apple seeks to file a motion to enjoin sales of the Samsung Galaxy S III, Apple will have to request a new hearing date from the Court." Koh said.

Despite failing to ban the Samsung Galaxy S3 in the US, Apple is still confident to win the smartphone battle with the inception of its new iPhone 5 and iOS 6 to be released this fall.

Apple launched its updated mobile operating system at the recent WWDC event that wowed many critics and reviewers. The new iOS 6 is packed with new incredible features such as Facebook integration and Apple Maps.

Apple has its own operating system, which is an advantage over Samsung. Apple update its iOS everytime they are releasing a device. Moreover, they can develop features that aligned with the mobile operating system because they are in total control with every aspect of the device - inside and out.

Moreover, the iPhone 5 is rumored to be released this fall around September or October. However, minimal details are known about the device. Apple is very secretive when it comes to the new features and specs of its device.
These unconfirmed rumors urged a guessing game about the device that increase the public's anticipation for its release. Moreover, the articles about the suspected features create hundreds of articles that make the device more popular.