Samsung to add iPhone 5 to U.S. suit against Apple

Samsung to add iPhone 5 to U.S. suit against Apple

Summary: Samsung is looking into whether the hot-off-the-line iPhone 5 has infringed the firm's patents, as the two companies continue their ongoing U.S. litigation.

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Samsung said it will likely file a motion with a U.S. court to include the recently released iPhone 5 as part of its ongoing suit against Apple, but only if the device is suspected of infringing Samsung-owned patents.

The South Korea-based technology giant had already threatened legal action against the iPhone and iPad maker before the iPhone 5 was released on the understanding that the device would contain 4G LTE capabilities, a technology that Samsung owns a number of patents relating to.

But according to Reuters, Samsung has already filed a note with a California court stating that it intends to file a motion in the near future to include the latest iPhone as part of its overall complaint. 

"Samsung anticipates that it will file, in the near future, a motion to amend its infringement contentions to add the iPhone 5 as an accused product," the note explains. "Based on information currently available, Samsung expects that the iPhone 5 will infringe the asserted Samsung patents-in-suit in the same way as the other accused iPhone models."

The two rival smartphone makers remain at loggerheads despite Apple claiming victory over Samsung earlier this year in a more than $1 billion damages win, after the Korean smartphone maker was found to have infringed Samsung products.

We've reached out to Samsung for comment, but didn't hear back at the time of writing.  

Topics: Apple, iPhone, Legal, Patents, Samsung

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16 comments
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  • Good luck Samsung

    I hope you succeed with your injuction and that Apple comes crawling back to you with money in hand so that iPhones can continue to be sold. I don't want to see iPhone ever be taken off the market, I just think Apple should pay when they slavishly copy others.
    toddbottom3
    • I hope Samsung loses big time

      Because it will hurt Microsoft. Sounds like Samsung sold components to Apple, and is now looking to get paid twice for those parts. How can you cheer for a company tat sells you a product, then sues you afte the fact for using that very product they sold you. Sounds like a Microsoft tactic.
      Troll Hunter J
      • whatever

        As usual you are posting something just to see yourself in print. As usual you have no clue what you are talking about. The idiots on the jury that awarded Apple the victory must be blind. Only a moron would mistake a Samsung phone for an iPhone. Yeah, they are both rectangular, but so are all the other smartphones out there. IPhones have a round hardware button below the screen, so unless a competing phone has that button it is easy to differentiate the phones. The only reason Apple sued is they are afraid of Samsung because Samsung is going to outsell the iPhone since they offer different models so their customers can choose Instead of only having one choice.
        Quigster1
        • You calling people morons...

          Ha, that's a good one! Criticizing people for ignorance just adds to the hilarity. You, sir, are the ignoramus here. To wit:
          1)"The idiots on the jury that awarded Apple the victory must be blind. Only a moron would mistake a Samsung phone for an iPhone."
          If you had bothered to actually research the trial, you would most certainly have found out that it was not the jury that failed to be able to differentiate between Apple products and Samsung's, but rather Samsung's OWN LAWYERS, from only ten feet away.
          Perhaps you and they can celebrate your monumental fail together.
          2) The issue is question was not that they were rectangular, which you'd know of you knew ANYTHING about trade dress patents, as opposed to utility patents. But you don't so you didn't.
          Fail.
          3) What evidence do you have that Apple is afraid. Their profit jumps quarter after quarter, as does market share. And on every single carrier that carries both Android and iOS devices, iPhone not only beats Samsung, but ALL other Android devices combined. Every carrier on the PLANET.
          Yeah, Apple is cowering in fear.

          You might want to know what you are talking about before you post.
          .DeusExMachina.
    • dude just settle!

      calm down, apple
      other *
  • Bring it Samsung!

    Go ahead - Apple will steamroll you and your S3! Hopefully in future models you won't slavishly copy or blatantly steal Apple's IP... and that in the future you take the licensing offer when you do happen to infringe rather than fight battles across the globe and in the end screwing the customer.
    NonFanboy
    • Why the name?

      Is it solely to be ironic?

      I do like how you and nonbiased advertise the very fact that are anything but, even without typing a rant.
      Little Old Man
      • Why yours?

        To hide that fact that you are a troll with little to nothing to contribute to any forum to which you post?
        .DeusExMachina.
    • Every Phone

      Dude every phone looks the same. Yes I said it. Every phone looks the same. Where the problem should lie is not in the actual looks of the product, cause there is only a few ways to make a phone, but on the actual functionality, interface, software, lock screens, and button actions. The look is only a part of it.

      Apple and Samsung are fighting for something that they know has no merit, it is all about slowing things down and Apple can care less about the looks, cause if we want to compare, then Nokia can sue Apple for the jet black look on their new phones. It is all about who can swing it harder and faster.

      Samsung has an advantage because their software can be placed on many different products and Apple just wants to slow that down. Samsung knows this and know that the iPhone 5 has the same market penetration and all they want to do is slow them down as well.

      It is part of the corporate competitive strategy in order to boost customer perception against each other and to give them an edge when a customer is making a decision when purchasing a phone.

      Apple "We have the best cutting edge technology, and it looks cool"

      Samsung "We are not only on the cutting edge, but you can find us on a phone you can afford, and we look cool as well"

      All this is psychological strategies and marketing schemes in order to gain a market advantage.

      In the end they will both win and they will both lose. We the customers win because as they fight each other, we get options and better technology each time around.

      If you always have a clear dominant phone on the market then nothing better gets develop and technology does not advance.

      This is a win win for us customers.
      jarzola@...
  • Funny How Each Side Is Attacking The Other's Older Models...

    ...except one side has nothing BUT older models...
    ldo17
    • The Samsung lawsuit is about the technology inside, not about new or older

      models.

      The tech inside can be on new and older models, and sometimes, the older models can have better tech than newer models, like the Samsung S3 already has the tech that the iPhones is just now catching up to, while the S3 has been out several months already.
      adornoe
      • Bull

        The A5 was every bit as fast in benchmarks of the actual OS as the Qualcomm Snapdragon S4, and the A6 will run circle around it.
        What possible data are you using to justify your ridiculous claim that the iPhone is "just now catching up"? Just 'cause it is now 16:9?
        BFD.
        The display on the iPhone is superior in colour fidelity and contrast than the AMOLED display on the S III, the observed battery life on LTE longer, the OS updates timelier, etc., etc..
        Calling the SIII the leader is just sticking your head in the sand.
        .DeusExMachina.
        • Oh, poor baby! Did somebody insult your mommy, Apple?

          From what I've noticed, for a grown person, you sure sound so immature, and for somebody that supposedly "taught logic in college", you sure don't have much common sense, and you sound more like a kid in a playground than somebody who is supposedly an adult.

          Look, tech specs are no big deal on any device, and what one has now, some other will have in a week or two or in their next generation, and, some will be releasing devices with specs which might be slightly more advanced, but, for what most people use their devices for, the slight advantage is materially and functionally inconsequential.

          Fact is that, whatever Apple puts out today, will be obsolete with the next release of the competition's newer gadget, and with Apple's next release, it will leapfrog the last release of the competition, and so forth. It's a game of "mine is better than yours" with no end and of little consequences to the user, other than to those who, for whatever reason, feel a loyalty to some inanimate object or to some company with a cult-like following. You are both, childish and cult follower, and your mommy (Apple) could care less about you. Grow up!
          adornoe
  • ...AND THE WINNER IS??????

    Sometimes, what goes around comes around. Seems there's market aplenty for all. Ultimately those being left out in the cold by all this legal wrangling are the consumers -- the folks who pay the bills that keep BOTH in business!

    Sounds like Apple & Samsung have some growing up to do...and would do well to recognize that it is the consumer who drives the market and encourages creativity, design and features/functionality...not the other way around. If Apple or Samsung stop addressing that, someone else will come along who will! Two of the very first, basic things I learned as a child were to share and to play nice. Obviously parenting skills were lacking for these two toddlers!

    You want iOS...buy iOS! You want Android...buy Android. Until I say so....my money is MINE to spend as I see fit, and trying to tie peoples' hands usually generates rebellion, not conformity.

    Neither needs to be put out of business because of all this chest-pounding, and no one appreciates a monopoly!
    ADarkAria
    • Consumers aren't being left out, and in fact, they've chosen favorite

      have continue with those favorites for a while.

      The only way that consumers might be negatively affected is via the high prices for smartphones at many different prices, and favorite companies; within all of that, consumers have also decided that, they must have the carrier plans, at whatever prices.

      However, the consumers who have decided that smartphones are for them, apparently don't mind paying those high prices, and they certainly are not complaining about what's available, because, as can be seen, Apple and other OEMs are being quite profitable with what they're doing.
      adornoe
      • Geesh! Quite often the edit function is a must have...

        The first part should read:

        Consumers aren't being left out, and in fact, they've chosen favorite smartphones, and favorite companies, and within all of that, they've decided on their carrier plans, many of them at high prices.
        adornoe