Apple's request to add Samsung's Galaxy SIII, Note 10.1 and Android Jelly Bean OS to the list of devices in the patent infringement case against the South Korean company.
According to PC Magazine, Judge Paul S. Grewal approved of the request on Thursday. In his decision he wrote, ""Samsung's amendment does not seek to add new claims or theories of infringement, but merely adds another device that has the same accused functionality as the previous versions of the iPhone...As a result, Apple's analysis in defending against Samsung's contentions should remain largely the same," as reported by the magazine.
Over the summer Samsung Electronics Co. was hit with a $1.05 billion penalty in the patent infringement lawsuit. Now after its major victory, Apple is seeking an injunction on the Samsung products in question in the U.S. market.
Here are the eight products that Apple wants off the market: Galaxy S 4G, Galaxy S2 AT&T, Galaxy S2 Galaxy S2 T-Mobile, Galaxy S2 Epic 4G, Galaxy S Showcase, Droid Charge and Galaxy Prevail, as reported by USA Today.
U.S. District Judge, Lucy Koh will be making the final decision on the injunction. Samsung is looking to appeal the jury's verdict. The court has already reversed an injunction placed on Galaxy Nexus.
In August, a jury of nine at a San Jose court ruled that Samsung Electronics Co. "willfully infringed" on a number of Apple's patent devices, granting them $1.05 billion, Samsung looks to appeal the decision, while Apples seeks an injunction of Samsung devices in the U.S. market.
According to CNET News, Samsung is confident that the company will be absolved from paying the $1.05 billion to Apple Inc.
Apple filed suit against a $2.5 billion suit against Samsung in April of 2011. The jury decided that Apple had valid claims to some of the design infringement, however decided against over other claims thus granting them less than half of what the company looked to procure.
Never the less the win is a big deal for the company. Judge Lucy Koh will make on ruling on whether Samsung's products that have been accused of infringement will be removed from U.S. markets.
Earlier the same day of August 24, Samsung and Apple tied in an infringement-related litigation in South Korea. Bans were placed on both companies. However the bans were limited to products older than three years and only applied to the South Korean market.
The two rivals decided not to reach a settlement, despite the urging of the judge. Instead they left it up to the jurors. However, Samsung now reveals that it was open to a settlement, but Apple was not in favor of the idea.
Howard Mintz of mercurynews.com predicted the verdict correctly when he said the jury would likely be in favor of Apple because its " simpler arguments, coupled with the mystique of its products, may give it an advantage, but much depends upon the amount of credibility the jury assigns to Samsung's counter-arguments."
Jurors rejected all of Samsung's counter claims.
Since 2011, the two tech moguls have engaged in quite a tussle over design infringement, Apple has repeatedly accused Samsung (not without merit) of imitating its designs for its various products. While, one cannot deny Samsung's products bears a definite resemblance to the corresponding Apple products, Apple might have taken the issue a little too far by suing the company for $2.5 Billion. In turn, Samsung is counter suing Apple for approximately $400 million for damages to reputation and $22 million in royalties.
Apple has been very sensitive, and rightfully so to a certain extent, to patent infringement. In a biography of Steve Jobs by Walter Issacson quoted the former Apple CEO saying about Google's Android, "Our lawsuit is saying, 'Google you f***ing ripped off the iPhone, wholesale ripped us off. I will spend my last dying breath if I need to, and I will spend every penny of Apple's $40 billion in the bank, to right this wrong. I'm going to destroy Android, because it's a stolen product," as reported by thevarguy.com.
Apple's pursuit against the South Korean company has been quite in the same lines. In 2011, Apple filed suit against the South Korean Tech mogul Samsung over patent issues and intellectual property rights regarding Apple's highly popular smartphone iPhone and computer tablet iPad. Apple claims that Samsung's smartphones and tablets are knock-offs of its designs.
The two companies have been dispute in over 10 countries, earlier last month a Judge in Great Britain ruled in favor of Samsung. Judge Corin Birss released a statement saying, "They do not have the same understated and extreme simplicity which is possessed by the Apple design. They are not as cool," he said. "The overall impression produced is different," according to Reuters.
A few months ago, due to Apple's claims that Samsung's Galaxy Tablet infringed on patents of its very popular iPad, U.S. District Judge Lucy Koh ordered the Galaxy 10.1 computer tablet to be temporarily removed from the US markets.
Samsung's lawyer Charles Verhoeven dismissed accusations telling jurors, "Everyone is out there with that basic form factor...There is nothing wrong with looking at what your competitors do and being inspired by them," as reported by Time Magazine.
Prior to start of the trial, the South Korean company told the Inquirer that it was confident of winning the lawsuit. Samsung told the newspaper "trusts that the jurors will agree with its case," and further added "Patent law was never intended to give a company a monopoly over an entire market...Samsung wants to compete with Apple, not to stifle competition; to offer more choices to consumers, not to limit their ability to buy the product they want at a price they can afford," as reported on theinquire.net.
Samsung released a statement as follows: "Should Apple continue to make excessive legal claims in other countries based on such generic designs, innovation in the industry could be harmed and consumer choice unduly limited," as reported on Reuters.
In turn, Apple released a statement in direct rebuttal to the South Korean company on Reuters, "It's no coincidence that Samsung's latest products look a lot like the iPhone and iPad, from the shape of the hardware to the user interface and even the packaging."
The case was filed as: The case is Apple Inc. v. Samsung Electronics Co. Ltd., 11- cv-01846, U.S. District Court, Northern District of California (San Jose).
