Several additional Samsung and Apple products have been added to a second patent infringement lawsuit between the two companies after approval by a U.S. judge Wednesday. The request, filed jointly by both parties, adds key devices such as the iPhone 5 and Galaxy S III to the lawsuit, which is scheduled for trial in early 2014.
Readers should note that this is a separate legal action from the one that was decided last August. This action began in 2011 when Apple sued Samsung over the latter company’s Galaxy Nexus line. Samsung then promptly filed a counterclaim against Apple, alleging that the Cupertino company’s products were the ones infringing on its intellectual property.
With new products from both companies introduced since then, each party sought to expand the range of its complaint. Samsung added the iPhone 5 after previously requesting to add the following Apple products:
- iPod touch (5th Generation)
- iPad (4th Generation)
- iPad mini
Apple added these Samsung products:
- Galaxy S III (running Android 4.1.x or 4.2 “Jelly Bean”)
- Galaxy Note II
- Galaxy Tab 8.9 (running Android 4.0.x “Ice Cream Sandwich”)
- Galaxy Tab 2 10.1
- Rugby Pro
Apple initially requested to also add the Galaxy S III Mini, but withdrew its request for that device after sworn statements from Samsung that it does not import that device into the United States and has no plans to do so.
Of note, Apple is only allowed to make claims against the “Jelly Bean” version of Android as they relate specifically to the Samsung products covered by the suit. Magistrate Judge Paul Grewal, who approved the most recent order, late last year denied Apple’s attempt to bring all of “Jelly Bean” into the suit due to the dangerous implications expanding the suit so broadly.
“Such an amendment would be overbroad and may sweep any number of Samsung devices using the Jelly Bean operating system into this suit,” Judge Grewal said in November 2012, according to FOSS Patents. “Samsung also does not have any design control over the content of Jelly Bean as it is a Google Android product that Samsung itself did not develop.”
As the discovery phase is expected to last several more months before the trial begins in March 2014, it is likely that additional products released this year by both companies will find their way into the litigation. The case, Apple Inc. v. Samsung Electronics Co. Ltd., et al, 12-cv–00630, currently resides in the U.S. District Court for the Northern District of California.
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