San Diego – Samsung Electronics Co. sought Monday to add the recently introduced iPhone 5 to the list of accused devices in its counterclaims to Apple Inc.’s current patent infringement lawsuit against it in California federal court over various smartphone and tablet products.
The iPhone 5 was not yet available when Samsung submitted its original claims in June, but the company has acted diligently to investigate it since its Sept. 21 introduction to the market and bring it into the current action, Samsung says. Apple will not be prejudiced in any way by the addition of the iPhone 5 to the lawsuit, it says.
The smartphone has the same accused functionality as the previously implicated versions of the iPhone, so the proof of the iPhone 5′s infringement of the patents in suit is the same as for other Apple devices already include din the litigation, according to Samsung. The addition of the phone would not cause any delay or materially affect the infringement analysis, it says.
Samsung told Apple on Sept. 18 that it intended to add the iPhone to the list of accused products, and has already provided Apple with its proposed amended infringement contentions, it says.
The case is early in the discovery period, and Apple will have plenty of time to prepare its defenses to the proposed iPhone 5 allegations, Samsung says. Amendment of the claims would also preserve judicial resources, because it is more efficient to take care of all infringement issues between the parties before a single court, it says.
Samsung’s proposed new allegations would claim the iPhone 5 infringes two Samsung standards patents and six feature patents.
“Samsung could not have known whether the rumored iPhone 5 would practice its patented technologies when it filed its infringement contentions on June 15,” the company’s motion says. “Samsung has now confirmed that the iPhone 5 has the same accused functionality as the previously accused versions of the iPhone, and Samsung is not seeking to add any new patent claims, so proof of infringement by the iPhone 5 will be the same.”
Apple, for its part, asked the California court to allow it to bring over 20 new Samsung products into its own infringement complaint earlier in September.
The current case follows on the heels of a $1 billion jury verdict against Samsung in August in an earlier-filed patent infringement case between the two concerning different patents used in the same products. Last month Apple asked the court to tack on an addition $707 million to that amount.
The global smartphone and tablet patent war between the two companies has produced results in favor of both sides in different jurisdictions. Last month a U.S. International Trade Commission administrative law judge ruled in favor of Apple in Samsung’s patent challenge there, while a German court rejected Apple’s claims that Samsung and Motorola Mobility LLC’s Android devices infringe certain European patents.