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November 26, 2012

Apple Slaps Back at Samsung With More Patent Violation Claims

Apple is hitting back at rival Samsung by asking a federal court to include six additional devices to its patent violation lawsuit against the South Korean company.

Samsung filed a request Nov. 21 asking the iPad Mini, the fourth-generation iPad and the fifth-generation iPod Touch be included in a California case set to go to trial in 2014.

Apple responded in kind on Black Friday, requesting the Galaxy Note II, Galaxy S III, powered by the new Android Jelly Bean operating system, the Galaxy Tab 8.9 Wifi, the Galaxy Tab 2 10.1 running on Ice Cream Sandwich, the Rugby Pro, and the Galaxy S III Mini be included in the case, according to the court filing.

“Good cause exists for Apple to amend its Infringement Contentions to add these products,” the filing reads. “In short, Apple has acted quickly and diligently to determine that these newly-released products do infringe many of the same claims already asserted by Apple, and in the same way that the already-accused devices infringe. Accordingly, the inclusion of these products will not increase the number of claims asserted or introduce any new infringement theories.”

Unlike the previous patent lawsuit that Apple won in August to the tune of $1.05 billion, this lawsuit addresses software and user interface patents, which may mean Google, maker of the Android operating system, could be dragged into the dispute.

In light of its billion-dollar victory, Apple has been seeking a ban on the sale of Samsung’s Android-powered devices.

Samsung won a major victory in the ongoing war last week.

U.S. District Court judge Paul Grewal has ordered Apple to divulge to Samsung the details of its settlement with HTC, which included a 10-year licensing agreement.

Grewal’s Nov. 21 decision has made such a ban less likely. In his decision, Grewal said Apple cannot claim Samsung’s violations of its patents make a U.S. ban of its products necessary but agree to a deal with HTC that allows similar products to enter the American market.

 

 

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