Apple plans to add Samsung Galaxy S4 to second patent lawsuit

Apple plans to add Samsung Galaxy S4 to second patent lawsuit

Summary: The Cupertino, Calif.-based technology giant plans to substitute one patent claim for Samsung's latest flagship device to its list of patent-infringing products.

SHARE:

Ahead of its second patent trial, Apple has added it plans to add Samsung's Galaxy S4 to its line-up of allegedly patent-infringing products.

According to a court filing with the U.S. District Court in San Jose, California, Apple will aim to substitute one allegedly patent-infringing device for Samsung's latest and greatest.

In a footnote to the court document, filed on Monday with the court, the iPhone and iPad maker said that based on its analysis, "Apple has concluded that [the Galaxy S4] is an infringing device," and intends to "move for leave to add the Galaxy S4 as an infringing product."

But if the motion is granted by the court, Apple will comply with a previous order by Judge Lucy Koh to limit the number of allegedly infringing devices — and therefore overall claims — by taking one of the allegedly infringing devices off the list, knocking the number of "accused products" back down to 22 devices.

The Galaxy S4 is currently considered the latest "threat" to Apple's iPhone 5. Before, it was the Galaxy S3, which Apple went for in its previous trial. Now that the Galaxy S3 is put on the backburner to give its successor a chance at success, Apple is refocusing its crosshairs on the seemingly more recent and prominent product.

Samsung, meanwhile, has its own list of Apple products that allegedly infringe its patents, including a product from almost every product line Apple has, save for the Mac. 

The second lawsuit is set to kick off in early February 2014.

Topics: Mobility, Apple, iOS, Patents, Samsung, Smartphones

Kick off your day with ZDNet's daily email newsletter. It's the freshest tech news and opinion, served hot. Get it.

Talkback

41 comments
Log in or register to join the discussion
  • OK, seriously

    Before you could perhaps argue that Apple could've played some legal loopholes or used 'viable' legal technicalities. BUT THIS?!?! Isn't it a little too blatant? Aren't they concerned with the new image they're displaying as the big bully rather than the 'cool' innovative company they used to be (if ever)? Did they even have time to look the S4 inside out to see if they had any designs worth suing? And what of the legal system that allows such bullshit as swapping one infringing product for another? A product is either infringing or not. No wonder patent trolling has become the rule of the day.
    JOB83
    • Apple has concluded that any competition is an infringing device

      Seems to be the trend.

      It would be nice to see patents actually validated before a company files suit and gets awarded damages.

      This case is just getting absurd.
      Emacho
      • Part of their business strategy

        "Business is war, prepare to win" is Apple's attitude. Lawsuits are just part of how they attempt to slow the competition, and since they have unlimited money at the moment, all options are on the table. Apple will never STOP the competition, just force them to spend money on litigation defense. There are many ways to attack your business opponent...
        DonRupertBitByte
        • and that's one of the top 3 reasons why America is going downhill

          I'm like 5 minutes away from putting an irreversible curse on Apple. seriously.
          justmeonzdnet
        • Re: Apple will never STOP the competition, just force them to spend money o

          Unfortunately, Apple seems unable to focus on the lawsuit while bringing out innovative products at the same time, as witness the stagnation of its current product line. Samsung, on the other hand, is going gangbusters, and by the time this lawsuit even comes to trial, the Galaxy S4 will be last year's model, and everybody will be ooh-ing and aah-ing over the Galaxy S5.

          When a company starts litigating, it stops innovating.
          ldo17
    • Which is what Apple tried to argue...

      But judge Koh in her infinite wisdom wants the case to be limited to just a few...12, which will be further whittled down over time. All to Samsung's advantage, they produce so many variations of each phone, each one having a different name even though they all contain the infringing technology. So you are wrong if you think this is down to Apple.
      frogspaw
  • Thank god

    Thank god we have Apple to be a constant and undying reminder that the system doesn't work, never has, and never will.
    Naryan
  • Apple is pathetic

    Is it not obvious what Apple is trying to do here? When is the court going to start throwing their nuisance lawsuits out of the courtroom, freeing it up for serious litigation issues? Why don't they just build a superior product like everybody else has to in order to survive instead of trying to sue the competition into oblivion. Samsung makes awesome phones and tablets. Get over yourself Apple. We certainly have.
    quiltfanatic
    • Vexatious Litigation

      I hope that courts brand them as Vexatious Litigants to show people that the law has a serious side and is not so that companies who are bereft of ideas cannot use lawsuits to try to claw back market share.
      The Turing poisoned apple has never been so an appropriate company logo.
      techietubby
  • Jobs last will and testiment

    I'm pretty sure the Stevie-boy non-wonder wanted his sheeple to continue harassing the competition after his death. The guy died of cancer but you have to wonder if his pure hatred of any innovative threat just finally ate right through him. Either way, it looks like Apple has become a one hit wonder. Apple can't compete when all of the resources are tied to building a friggin UFO to fly Stevie home in.
    dankasnitzel
  • Why not?

    The SG4 is roughly rectangular with rounded corners, so why not.

    BTW: I'm hoarding soap, because I'm pretty sure that once Apple's dispatched Samsung they're coming after my bar soap.
    dsf3g
    • Thank you dsf3g

      Am I really understanding this lawsuit correctly? I heard about this several years back and dismissed it as parody, that Apple was sueing basically everybody over the "bar of soap" rectangular box shape? Are you serious? What is the matter with the Patent Office? How could they allow such an organic shape of Nature be claimed as private property? Well, I for one hope they win, because I have a Patent Pending on a round disk shape with soft corners. I want the NHL to know that they will owe me a lot of money for my puck patent. And tuna cans, you're next.
      tooltym
      • Naive?

        Are you really that naive that you would believe its about rectangles with round corners? He's just quoting a comment made by a Samsung executive that a bunch of Apple haters latched onto as truth.
        If you want to know what the case is really about why not do some research? It goes way deeper than shape.
        observer1959
        • Yes

          Yes, Apple is litigating on many fronts, but the rectangle with rounded corners claim was definitely one of them.
          dsf3g
        • Yes it goes deeper than shape

          But no much more concrete - the whole thing is farcical (on both sides) - the USPTO should be sued for staffing so many idiots who are willing to grant patents on so many properly unpatentable things - ludicrous to allow gestures and generalized looks or animations to be patented - at best the look might be copyrightable but not patentable - and their "design" patent for a generic rectangle with rounded corners they were pushing in EU courts is utterly imbecilic
          archangel9999
    • exactly。。。

      That is one of the reason I don‘t buy crap apple ,period。 Not to mention about corporate bullying, unfair competition。。。。
      patrick lion
  • Ongoing process?

    Apple sees to be approaching patent litigation as an ongoing process - somebody releases a competing device, it just gets rolled in to the latest trial.
    The headline refers to a second patent lawsuit. Is this not rather a re-trial of the first lawsuit?
    radleym
  • More crap from Cuppertinos leading producer of it.

    Apple can stick their trumped up suits up their pathetic a*****
    sickntired44
  • Problem is not with Apple

    But with the patent system and what can be patented. The US system is beyond belief in terms of patent definitions. It and the other I.P. System such as copyright law needs to be as seriously rewritten as the income tax code.
    BrianLevyEsq
    • Re: Problem is not with Apple

      Do you see anybody holding a gun to Apple's head and forcing them to patent stupid things like slide-to-unlock?
      ldo17