Apple Says Samsung

[Asrokhel]

Apple Inc. told a judge that Samsung Electronics Co. (005930)?s Galaxy Note 10.1 device infringes its patents, and sought to add the Android 4.1 Jelly Bean operating system to an existing lawsuit against Samsung in California.

Apple made the arguments today to U.S. Magistrate Judge Paul S. Grewal in federal court in San Jose. Apple?s bid to expand the lawsuit follows Samsung?s Oct. 1 move to add patent-infringement claims against the iPhone 5 in the same case. Apple won a $1.05 billion jury verdict against Samsung on Aug. 24 in a separate patent case in the same court.

Filings by both companies in their two cases before U.S. District Judge Lucy Koh show no letup in their battle on four continents to retain dominance in the $219 billion global smartphone market.

Samsung in August began U.S. sales of the Galaxy Note 10.1, equipped with a stylus -- a feature Apple?s iPad doesn?t offer, and which builds on Samsung?s Galaxy Note 5.3, a similarly stylus-equipped smartphone that came out earlier this year. Jelly Bean is Google Inc. (GOOG)?s latest version of the Android operating system that runs on Samsung mobile devices as well as Google?s Nexus 7 handheld computer, which was released in June.

No Grounds

Koh on Oct. 1 rescinded a ban on U.S. sales of Samsung?s Galaxy Tab 10.1 that she imposed in June, deciding there were no grounds for keeping the preliminary injunction in place after jurors concluded in their Aug. 24 verdict that Samsung didn?t infringe the Apple design patent that was the basis for the injunction.

Apple, based in Cupertino, California, contended the ban should remain in place because the jury found the Galaxy Tab infringed other patents at issue in the case.

Andrew Liao, an Apple attorney, told Grewal today that the Galaxy Nexus is the only phone with Jelly Bean that Apple seeks to add to the patent complaint. Liao also said Apple wants to add 17 devices that could use a stylus even though the products don?t ship with a stylus.

Victoria Maroulis, an attorney for Samsung, said the company wants to add only one product, the iPhone 5, to its complaint. Maroulis said Samsung opposes the addition of ?stylus products in 17 new devices? to Apple?s claims.

?By adding the stylus, Apple is going to enlarge the case significantly,? she said.

Grewal didn?t issue a ruling today. He said he was concerned that if he denied both sides their requests, the companies may file a new round of lawsuits.

Preliminary Order

The case in which Apple added the Galaxy Note 10.1 and Jelly Bean operating system is scheduled for trial in 2014.

Apple already has won a preliminary order from Koh blocking U.S. sales of Samsung?s Nexus smartphone. In August, Apple added the Galaxy S III smartphone to its list of products that it says infringe its patents.

In the previous patent lawsuit between the two companies that went to trial in July, the jury found that Suwon, South Korea-based Samsung infringed six of seven Apple patents at stake.

Koh has scheduled December hearings in that case to consider Apple?s request for a permanent U.S. sales ban on eight Samsung smartphone models and the Tab 10.1. She will also consider Samsung?s bid to get the August verdict thrown out based on claims of juror misconduct.

The case is Apple v. Samsung Electronics Co. Ltd., 12-cv-630, U.S. District Court, Northern District of California (San Jose). The previous case is Apple Inc. (AAPL) v. Samsung Electronics Co. Ltd., 11-cv-01846, U.S. District Court, Northern District of California (San Jose).

http://www.bloomberg...ge-patents.html

[Som]

Apple .... go away...

[Yusuf M. Veteran]

Hold on a second. Am I reading this incorrectly or is Apple actually including products that could potentially use a stylus (but don't actually ship with one)?

[Asrokhel]

Hold on a second. Am I reading this incorrectly or is Apple actually including products that could potentially use a stylus (but don't actually ship with one)?

You're reading it correctly. Apple is on drugs if they think this will fly, although since Koh is still the judge it will!

[Growled Member]

Apple just doesn't give up, do they?

[Raa]

Scheduled for trial in 2014?

By then the iPhone 7 will be out, and so will the Galaxy S 6... I guess they'll infringe on patents too?

[techbeck]

Wow, just wow. Apple, go the **** away. Seriously, Apple is is a sleazy company that only wants back control of something they will never get back. They love to play the victim. I cannot see how anyone can support this company. They are so worried about suing the competition and using that as a way to gain back control than actually improving their products and you know, innovating like they once did.

Get over yourselves...and I hope WP eats into your marketshare big time.

Scheduled for trial in 2014?

By then the iPhone 7 will be out, and so will the Galaxy S 6... I guess they'll infringe on patents too?

Oh, I am sure Apple will find a way to sue on EVERY product Samsung releases. I wish a judge would just throw out both of their claims and call it a day. This will keep going on and on as long as companies are allowed to sue over stupid ****...like rounded corners and LTE patents.

[javagreen]

Apple can suck on my peen.

[Ishanx]

This is getting so tiring...

[FloatingFatMan]

So, Apple invented the stylus now?

Oh... So I guess all those stylus using PDA's and smartphones back in the Windows Mobile 2002 days were just figments of everyone's imagination, then...

[Xerxes]

Apple just doesn't give up, do they?

Give up? they are barely warming up! this is their "thermonuclear war" on Android. Once they utterly destroy Samsung, they'll move onto the next OEM and repeat. Apple will only stop when Android is but a distant memory. On another note, whatever happened to Apple getting the ~US$1b fine tripled to ~US$3b? was it stopped or still going through the courts?

[FloatingFatMan]

^ That fine is never going to stand up. The whole trial was a crooked as a 1970's American president! :p

It'll get overturned and a new trial ordered.

[(Spork)]

LOL @ apple

[MDboyz]

Just wait when Apple enters the Car industry.

[Lord Method Man]

Just wait when Apple enters the Car industry.

Yeah, they'll try to patent the steering wheel.

[(Spork)]

Yeah, they'll try to patent the steering wheel.

and wheel too

[srbeen]

scheduled for 2014. Glad as so. The information will be irrelevant by then, which demonstrates the problem in technology litigation in its current form. Its like authors arguing who used similar sounding sentences in each others book.

[shakey]

I hope Apple continues with all these lawsuits until a Judge finally just shuts them down or fines them into bankruptcy. I know it will never happen, but I always hope for a better future :p

[Growled Member]

and wheel too

When that happens every tech company needs to gang up on them and go nuclear.

[techbeck]

Give up? they are barely warming up! this is their "thermonuclear war" on Android. Once they utterly destroy Samsung, they'll move onto the next OEM and repeat. Apple will only stop when Android is but a distant memory. On another note, whatever happened to Apple getting the ~US$1b fine tripled to ~US$3b? was it stopped or still going through the courts?

Samsung is not going anywhere...Android is not going anywhere. All Apple is doing is slowing down the competition, they will not stop it. And if Android happens to go somewhere, there will always be competition from somewhere. Problem is, Apple cannot compete and it shows. They were dominant at one time yes, because they were the only company producing products like the iPod and iPhone. Now that other companies are coming up with new and innovative ideas, Apple cannot compete. They never had to in this market before so they resort to suing over stupid **** instead of doing what made the company, treating their customers right and producing innovative products. If it wasnt for how the company was ran, I would probably own more Apple products. But I will take my money elsewhere.

[Open Minded]

The whole trial was a crooked as a 1970's American president! :p

That friggin Carter! :D