It is too late to add new products to the pending motion for a preliminary injunction, Samsung said in its opposition to Apple's motion on Wednesday. Apple has not provided an explanation for waiting until the eve of the hearing on the motion to enjoin a new product when Samsung will have no opportunity to investigate the issues or to prepare a response, it added.

A hearing on Apple's motion for preliminary injunction is scheduled for Thursday.

Apple's motion to supplement rests on the flawed premise that the two Samsung smartphones are fungible and thus no discovery or briefing about the product it seeks to enjoin is necessary, Samsung said in its filing.