iPhone 5 added to Samsung's patent case against Apple

Well it's official folks, and hardly a surprise really. As promised, Samsung has added the recently released iPhone 5 to its already existant claims that Apple's mobile products infringe upon their patents.

Well it's official folks, and hardly a surprise really. As promised, Samsung has added the recently released iPhone 5 to its already existent claims that Apple's mobile products infringe upon their patents.

In its updated court filing, the Korean-based electronics giant said that the company began investigating the iPhone 5 as soon as it launched, ultimately finding that it infringed upon two standards-essential patents related to wireless technologies and six feature patents.

The filing reads in part:

Samsung informed Apple that it expected to seek leave to amend its infringement contentions to add the iPhone 5 two days before the product was released for sale. Samsung has now confirmed that the iPhone 5 has the same accused functionality as the previously accused versions of the iPhone, and Samsung is not seeking to add any new patent claims, so proof of infringement by the iPhone 5 will be the same..

And if that weren't enough to keep the Samsung/Apple dispute from becoming even more convoluted, albeit in another case, Judge Lucy Koh yesterday overturned the preliminary injunction that had shrouded Samsung's Galaxy Tab 10.1 device for a few months now. Truthfully though, that move was rather foreseeable given that the jury in the recently completed Samsung/Apple trial found that the Galaxy Tab 10.1 did not infringe upon any of the iPads design patents, which served as the basis for the injunction in the first place.

Koh said there were no grounds for keeping the preliminary injunction in place after jurors concluded in their Aug. 24 verdict that Samsung didn’t infringe the Apple design patent that was the basis for the injunction.

But going back to the inclusion of the iPhone 5 in Samsung's amended court filing, the move should hardly come as a surprise. Remember that Samsung a few weeks back issued a statement explaining why it was planning to amend its initial complaint.

The statement reads in part:

Apple continues to take aggressive legal measures that will limit market competition.

Under these circumstances, we have little choice but to take the steps necessary to protect our innovations and intellectual property rights.

The suit to which the iPhone 5 was added, which to be clear is distinct from the case which was recently decided in the Northern District of California where a jury awarded Apple $1.05 billion in damages, is set to go to trial in 2014. Discovery, meanwhile, is set to close on July 8, 2013 while expert discovery is scheduled to close on August 30, 2013. Note that as opposed to the case which was already decided, the upcoming case encapsulates more recent Android products such as the Galaxy Nexus and the Galaxy S3.

via BusinessWeek

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