Apple Asks Courts To Include Six More Samsung Devices In Lawsuit

By Alexandra Burlacu | Nov 24, 2012 09:38 AM EST

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Apple had a busy holiday weekend: on Friday night, Nov. 23, the company pushed a new request in its ongoing patent lawsuit against Samsung.

Samsung had previously asked the court to add Apple's latest iPads, iPhones and iPods Touch to its list of claims. In the seemingly expanding lawsuit between the two tech giants, the court approved the addition of Apple's latest iPhone 5, as well as Samsung's Galaxy S3, Galaxy Note, and Galaxy Note 10.1.

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According to FOSS Patents' Florian Mueller, however, Apple is now seeking to add six more devices on that list. The motion reportedly lists the Galaxy S3 running on Android Jelly Bean (without attacking Jelly Bean itself), the Galaxy Note 2, Galaxy Tab 8.9 Wi-Fi, Galaxy Tab 2 10.1, Rugby Pro, well as the Galaxy S3 Mini.

"The Samsung Galaxy S III running the new Android Jelly Bean operating system, did not arrive on many devices - including those examined by Apple's counsel - until earlier this month," reads Apple's filing on Black Friday evening, according to FOSS Patents.

The Samsung Galaxy Note 2 has rolled out to additional carriers earlier this month, which is what likely prompted Apple to target it as well. Meanwhile, the Samsung Galaxy Tab 8.9 Wi-Fi is not new, but the original infringement claims were based on Android 4.0 Honeycomb. The device got its Android 4.0 Ice Cream Sandwich update on Thursday, Nov. 22, and Apple updated its chart accordingly.

The Samsung Galaxy Tab 2 10.1 "was released with the Ice Cream Sandwich operating system with various carriers beginning November 9, 2012, and most recently on November 21, 2012."

The Samsung Rugby Pro released on Oct. 21 is also on the list, as is "the Samsung Galaxy S III Mini, which Samsung has yet to officially release in the United States, but which Apple discovered earlier this week is now offered for sale in the United States."

Apple's motion further highlights, as FOSS Patents notes, that all of these devices or upgrades were released after the fifth-generation iPOd Touch that Samsung is seeking to include in the lawsuit. Apple's move aims to make it difficult for the court to approve Samsung's request to add the latest iPod Touch while denying its newly proposed additions as untimely.

The court did not want Apple to bring infringement claims against Google's Android operating system without specifying infringing Samsung devices. Apple's motion, however, insists that the company is not seeking to accuse the Jelly Bean or Ice Cream Sandwich platforms powering Samsung devices."

The case in the Northern District of California is scheduled to go to trial in March 2014. While none of these recently added products or OS versions will play a significant commercial role at that point, the additions do provide a broader revenue base for seeking more substantial damages.

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