November 26, 2012
Apple Adds Samsung Galaxy S III With Android 4.1 To Lawsuit
Michael Harper for redOrbit.com — Your Universe Online
Apple and Samsung continue to prepare themselves for the next round of patent battles in the US. The two companies are in the preparation phase for the next bout which is set to begin in 2014 and as such are filing away which products they claim violate one another´s patents. Samsung recently added the LTE ready iPhone 5, finally making good on their claims to sue Apple over this phone, while Apple attempted to file against any device running Android 4.1.
These companies are now keeping on pace with one another in these filings. Last week, Samsung added Apple´s latest iOS devices, the iPad mini and new iPod Touch, to their suit. Apple returned fire on Friday, adding 6 more devices in their filings.
The iPhone maker has asked Judge Grewal of the US District Court in San Jose to add the Galaxy Note II, Galaxy S III Mini, Samsung Rugby Pro, Galaxy Tab 8.9, Galaxy Tab 2 10.1 and the Galaxy S III with Android 4.1 to their end of the suit.
“Apple has acted quickly and diligently to determine that these newly-released products do infringe many of the same claims already asserted by Apple,” said Apple in the filing, according to Reuters.
In both instances, these companies have been adding products which have recently been released into the latest legal dispute. With an estimated court date sometime in March 2014, it´s likely there will be a few more products released by both Apple and Samsung in that time.
Earlier, Apple had attempted to cover these bases by filing a broader suit against Android 4.1, Google´s operating system which runs on many of these Samsung devices. Earlier in the month, Judge Grewal only allowed Apple to specifically name Android 4.1 along with the Galaxy Nexus, the phone which Apple first named when they filed for this second suit in February. Should Judge Grewal grant Apple permission to add these devices to their suit, the Galaxy S III would be the second device in the suit to specifically name an operating system.
Samsung, too, is trying to bring in as many devices as they can to prove Apple has violated their patents. As iOS devices remain mostly the same throughout a few generations, Samsung is arguing that if an earlier device violates their patents, than newer devices are likely to as well.
“Good cause exists to amend Samsung´s contentions because Apple´s new products were not yet available when Samsung submitted its original contentions on June 15, 2012 or its first Motion to supplement its infringement contentions on October 1, 2012,” explained Samsung´s legal team in their filing last week.
““¦ The iPod Touch 5, iPad 4, and iPad Mini have the same accused functionality as the versions of the iPod Touch and iPad that are already part of this case. As such, the proof of infringement of the patents-in-suit by the iPod Touch 5, iPad 4, and iPad Mini will be substantially the same as for other Apple devices already accused of infringement in this litigation.”
Judge Grewal, who is helping Judge Koh in these early stages of the case, has taken notice of these companies trying to add as many products into this suit as they can. He´s already warned Apple against opposing Samsung´s amendments to add new products to their suit, saying: “Given the early stage of this litigation and the reasoning of this order, the court notes that Apple should think twice before opposing similar amendments reflecting other newly released products – e.g. the iPad 4 and iPad mini – that Samsung may propose in the near future.”
This case is set to go to trial in March 2014.