According to a report from FossPatent, Samsung informed the United States District Court for the Northern District of California, on Wednesday that the iPhone 5 is likely infringing their patents. Samsung is already filing for infringement of eight patents, they believe that it is very likely that the iPhone 5 should be added to this motion.
Of cource, Samsung is not alone in adding new devices to current motions. Apple has added the Galaxy S III, Note and Note 10.1 to their motion also. In fact, Apple originally attempted to add the Samsung Galaxy SIII to the last trial. However Judge Koh ruled that this would delay the Apple vs Samsung trial, which Apple didn’t want at the time. This turn out to be a good thing in the end given that the Cupertino company won a landslide victory in the jury trial. Mueller, highlight that Apple stated that, Android 4.1 Jelly Bean operating system is belief to be infringing their patents.
Here is what Samsung had to say:
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. On September 12, 2012, Apple announced that it will release the iPhone 5 on September 21, 2012. 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. Samsung plans to file a motion to amend its infringement contentions to address the iPhone 5 as soon as it has had a reasonable opportunity to analyze the device. Because Samsung believes the accused functionality of the iPhone 5 will be similar to the accused functionality of other accused Apple products, Samsung does not believe that amendment of its infringement contentions should affect the case schedule.
According to FossPatent report, ” After bringing formal infringement contentions, Samsung could ask for a preliminary injunction against the iPhone 5. It does not mention that possiblity, but it’s a procedural fact that a preliminary injunction can only be requested in connection with a lawsuit that will result in either the dissolution of the preliminary injunction or its conversion into a permanent one.”
So far Samsung has not win any major against Apple in Europe and the us. Both companies were found to be infringing each others patent in South Korea earlier this year. A Hearing is schedule for 26 September where Judge Koh will discuss matters regarding the second lawsuit between Apple and Samsung. This is schedule for March 2014. It is anticipated that an agreement should be reached between the two companies before then.
Source: FossPatent
