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Apple's IPhone 5 Infringes Patents, Samsung Says in Lawsuit

Published October 1, 2012 9:50 pm

This is an archived article that was published on sltrib.com in 2012, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

Apple Inc.'s iPhone 5 infringes patents owned by Samsung Electronics Co., the Suwon, South Korea-based company and world's largest mobile-phone seller said in a court filing.

The claim was added today to an existing patent- infringement lawsuit between the two companies in federal court in San Jose, California, and follows a $1.05 billion jury verdict against Samsung on Aug. 24 in a separate patent case in the same court.

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 $219 billion global smartphone market.

Samsung said in a Sept. 19 filing that it anticipated adding the iPhone5 to its claims because the company expected the product will "infringe the asserted Samsung patents-in-suit in the same way as the other accused iPhone models." In the same Sept. 19 filing, in which both companies updated the status of the case, Apple said it expects to add infringement claims about "recently released Samsung products, including the Android 4.1 Jelly Bean operating system and the Galaxy Note 10.1 device."

The case in which Samsung added the iPhone 5 claims is scheduled for trial in 2014. Apple already has won a preliminary order from U.S. District Judge Lucy 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 the Cupertino, California-based company says infringe its patents.

Smartphone Models

In the previous patent lawsuit between the two companies that went to trial in July, the jury found that Samsung infringed six of seven Apple patents at stake. In that case, Apple seeks a U.S. sales ban on eight Samsung smartphone models and a tablet computer.

Koh has scheduled a Dec. 6 hearing in that case to consider Apple's request for a permanent U.S. sales ban on the Samsung products Apple has targeted. She will also consider Samsung's bid to get the August verdict thrown out based on claims of juror misconduct.

Kristin Huguet, a spokeswoman for Cupertino, California- based Apple, didn't immediately respond to an e-mail after regular business hours seeking comment on Samsung's filing.

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. v. Samsung Electronics Co. Ltd., 11-cv-01846, U.S. District Court, Northern District of California (San Jose).

—Editors: Peter Blumberg, Michael Hytha

To contact the reporter on this story: Joel Rosenblatt in San Francisco at jrosenblattbloomberg.net.

To contact the editor responsible for this story: Michael Hytha at mhythabloomberg.net.