Apple, Samsung to add mobile devices to latest patent suit

Bloomberg

Sat, Nov 17, 2012 - Page 15

Samsung Electronics Co can add the iPhone 5 to its patent-infringement claims against Apple Inc, and Apple can add infringement claims against the Samsung Galaxy Note, the US version of the Galaxy S III and the Jelly Bean operating system, a federal judge ruled.

The addition of the Jelly Bean operating system is limited to the software for Samsung’s Galaxy Nexus, US Magistrate Judge Paul Grewal ruled on Thursday.

The decision came in a second patent lawsuit between the two mobile device giants pending in San Jose, California.

In an earlier lawsuit that went to trial in July, a jury found that Samsung infringed six of seven Apple patents at issue and awarded US$1.05 billion in damages.

“Apple should think twice before opposing similar amendments reflecting other newly released products, [such as] the iPad 4 and the iPad mini, that Samsung may propose in the future,” Grewal said in the ruling.

The world’s two biggest makers of high-end phones have accused each other of copying designs and technology for mobile devices, and are fighting patent battles on four continents to retain their dominance in the US$219 billion global smartphone market.

The second US lawsuit, scheduled for trial in 2014, targets iPhones, iPad and iPod Touch devices and 19 Samsung devices, according to court filings.

Both companies sought to add additional devices that came to market after the lawsuit was initially filed.

US District Judge Lucy Koh in San Jose on Oct. 1 rescinded a ban on US sales of Samsung’s Galaxy Tab 10.1 that she imposed in June, deciding there were no grounds for keeping the preliminary injunction in place after jurors concluded in their Aug. 24 verdict that Samsung did not infringe the Apple design patent that was the basis for the injunction.

Apple, based in Cupertino, California, contended the ban should remain in place because the jury found the Galaxy Tab infringed other patents at issue in the case.

Koh has scheduled hearings in that case next month to consider Apple’s request for a permanent US sales ban on eight Samsung smartphone models and the Tab 10.1.

Koh will also consider Samsung’s bid to get the August verdict thrown out based on claims of juror misconduct.