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.

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

About

Zack Whittaker writes for ZDNet, CNET, and CBS News. He is based in New York City.

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