Tuesday 21 November 2017

Samsung targets iPhone 5 in its ongoing patent battle

Joel Rosenblatt

South Korea's Samsung Electronics says it has filed a motion with a US court to add Apple's iPhone 5 to its ongoing patent battle.

Samsung said Apple Inc's iPhone 5 infringes its patents, escalating a global fight over mobile devices after winning a court order lifting a ban on US sales of the Galaxy Tab 10.1 tablet computer. The world's largest mobile-phone seller, based in Suwon, South Korea, added claims about the iPhone 5, which was released last month, to an existing patent-infringement lawsuit between the two companies in federal court in San Jose, California.

Apple won a $1.05bn (€810bn) jury verdict against Samsung in August in a separate patent case in the same court.

"As soon as the iPhone 5 was available for purchase, Samsung began its investigation of the product," the company said in its court filing. The iPhone 5 infringes two standards patents and six features patents, Samsung said.

The world's two biggest makers of high-end phones have accused each other of copying designs and technology for mobile devices and are fighting patent battles on four continents to retain their dominance in the $219bn global smartphone market.

US District Judge Lucy Koh, who is presiding over the litigation in California, yesterday rescinded a ban on US sales of the Galaxy Tab 10.1 that she imposed in June. She said there were no grounds for keeping the preliminary injunction in place after jurors concluded in their August 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.

The case in which Samsung added the iPhone 5 claims is scheduled for trial in 2014. Samsung's original complaint identifies the same eight patents as the basis for alleging infringement by earlier iPhone models, as well as the iPad and iPod Touch.

A spokeswoman for Apple declined to comment on the court's order rescinding the Galaxy Tab 10.1 sales ban and Samsung's filing adding the iPhone 5 infringement claims.

Irish Independent

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