Korean smartphones and electronics giant Samsung has officially included the new iPhone 5 in the list of devices from Apple that it claims are infringing on its patents. This move came after Samsung won a court order that lifted the ban on American sales of the Galaxy Tab 10.1 tablet. The patent infringement suit between the two companies was on trial a month ago when Samsung was ordered to pay over $1 billion in damages. Apple had sued Samsung for patent infringement of its designs and on a few other counts and Samsung’s countersuits were filed with respect to technical patents. The iPhone 5 was added to a patent battle that is ongoing.
Samsung said that it began investigating the iPhone 5 as soon as it was released and found that the device infringes on two standards patents and six features patents. This is another addition to the list of things each manufacturer claims the other copied as both companies try to retain their dominance in the $219 billion smartphone industry.
The suit to which Samsung added the iPhone 5 is scheduled for trial in 2014. The iPhone 5 is at the end of the list that includes older versions of the iPhone and even the iPad and iPod Touch. The ban on the Galaxy Tab 10.1 was lifted recently because the verdict was in favor of Apple but the injunctions against the sale of the Galaxy Nexus still stand. In addition, Apple said that it will be soon adding recently launched devices to its list, probably referring to the Galaxy S III and the Galaxy Note 10.1. Apple might also take on Google by including Android 4.1 Jellybean in the list of products it claims are infringing on its patents.
The legal battle between the two companies is far from over as hearings are scheduled in December for permanent bans on sales of several of Samsung’s products in the United States. Samsung is also appealing the jury’s verdict, which found it guilty on six counts on grounds of juror misconduct. Samsung’s case, according to experts is legitimate because the location of the trial was in favor of Apple; the Cupertino based company definitely had an advantage because of the trial being in a San Jose courthouse. The presiding judge for all subsequent cases will be Judge Lucy Koh who was sitting in the initial trial between the two companies.
