Samsung Requests to Add iPhone 5 to U.S. Patent Lawsuit
Making good on its stated intent to file a patent lawsuit against Apple over the iPhone 5, Samsung has filed a request to have the device added to an existing lawsuit underway in U.S. Federal Court, according to FOSS Patents.
Samsung's move to take on the iPhone 5 comes just as the same U.S. court order that thethree-month old preliminary injunction barring sales of Samsung's Galaxy Tab 10.1 be lifted. Apple can still win a permanent injunction as the trial plays out, but for now the original Galaxy Tab 10.1 can return to sale in the United States.
The October 1 filing now says that "as soon as [the] iPhone 5 was available for purchase, Samsung began its investigation of the product and within a week "determined that the iPhone 5 practiced its patented technologies".
Samsung tells the court that it would be more efficient to address the iPhone 5 in that second California litigation between the two parties than to file a new one over the same eight Samsung patents only to target the iPhone 5. Samsung says that "[t]he iPhone 5 has the same accused functionality as the previously accused versions of the iPhone, so the proof of infringement of the patents-in-suit by the iPhone 5 is the same as for other Apple devices already accused of infringement in this litigation".
CNET has posted the complete court filing, which claims that the iPhone 5 infringes six utility patents and two other standards essential patents held by Samsung. Samsung tells the court that it would be more efficient to address the iPhone 5 in that second California litigation between the two parties than to file a new one over the same eight Samsung patents only to target the iPhone 5. Samsung says that "[t]he iPhone 5 has the same accused functionality as the previously accused versions of the iPhone, so the proof of infringement of the patents-in-suit by the iPhone 5 is the same as for other Apple devices already accused of infringement in this litigation".
Samsung's move to take on the iPhone 5 comes just as the same U.S. court order that thethree-month old preliminary injunction barring sales of Samsung's Galaxy Tab 10.1 be lifted. Apple can still win a permanent injunction as the trial plays out, but for now the original Galaxy Tab 10.1 can return to sale in the United States.
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