Samsung Is Turning the Tables on Apple
Samsung has added the iPhone 5 to an existing patent-infringement lawsuit against Apple (NASDAQ:AAPL) in a federal court in San Jose, California, alleging the new smartphone infringes eight of its patents. Samsung’s original complaint names earlier iPhone models, the iPad, and the iPod Touch. The case is scheduled to go on trial in 2014.
“As soon as the iPhone 5 was available for purchase, Samsung began its investigation of the product,” the company said in its court filing, according to Bloomberg. “We have little choice but to take the steps necessary to protect our innovations and intellectual property rights.”
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Samsung alleges the devices infringe two standards patents and six features patents.
It was the second hit for Apple by its Korean rival on the day, as Samsung also won a reversal of a U.S. sales ban on Monday on the Galaxy Tab 10.1. The ban had been imposed in June by U.S. District Judge Lucy Koh pending a jury verdict. The jury in August awarded Apple $1.05 billion in damages after ruling that Samsung infringed six of seven patents in question. However, it did not find this particular tablet in violation of the design patent Apple had named in the case. Koh said on Monday that there were no grounds for keeping the injunction in place.
After the verdict, Apple added the top-selling Galaxy S III smartphone to the list of products that it alleges are in violation and said in a later filing that it expected to add “recently released Samsung products, including the Google (NASDAQ:GOOG) Android 4.1 Jelly Bean operating system and the Galaxy Note 10.1 device.”
In December, Koh will consider Apple’s request for a permanent U.S. sales ban on eight Samsung smartphone models and the Galaxy Tab 10.1. But Samsung has asked for the complete August verdict to be thrown out after alleging jury misconduct and those charges will also be heard in December.
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