Apple will drop its patent infringement accusations against Samsung’s Galaxy S III Mini, but only if the South Korean firm does not market the device in the U.S., according to a court filing.
Apple had asked a federal court to add the new Smartphone and other Samsung products to the ongoing patent lawsuit between the two companies. Apple said the device violated the same patents that were part of its $1.5-billion verdict against Samsung in August.
The iPhone maker has since agreed to remove the Galaxy S3 Mini from its patent case after Samsung told the San Jose, California court the phone would not be sold in the U.S., Bloomberg reported.
Apple, however, pointed out the new device is listed on Amazon.com and has been purchased and delivered to various U.S. addresses.
“Apple will agree to withdraw without prejudice its request to include the Galaxy S III Mini in this case given Samsung’s representation that it is not making, using, selling, offering to sell, or importing that product into the United States,” Apple’s court filing reads.
Apple, on Black Friday, requested 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 infringement case which goes to trial in 2014, 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.”
The move came after Samsung asked the court to include six additional Apple devices to its patent violation lawsuit.
Samsung filed a request Nov. 21 asking the iPad Mini, the fourth-generation iPad and the fifth-generation iPod Touch be included.
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 had been seeking a ban on the sale of Samsung’s Android-powered devices, a request denied by judge Lucy Koh.
Koh said Apple was unable to prove the demand for Samsung Smartphones in the U.S. was due to the Apple technology it copied.
“Samsung may have cut into Apple’s customer base somewhat, but there is no suggestion that Samsung will wipe out Apple’s customer base, or force Apple out of the business of making Smartphones,” Koh wrote in her decision. “The present case involves lost sales — not a lost ability to be a viable market participant.”
Samsung said of the 26 products Apple wanted banned, only three are still being sold: the Galaxy S II, the Galaxy S II Epic and the Galaxy S II Skyrocket.