By Lisa Johnston
New products on display at the American International Toy Fair, held in N
San Jose, Calif. – Samsung has tossed the iPhone 5 into the patent-infringement suit that it filed against Apple in April.
Samsung is petitioning the federal district court here to add the iPhone 5 to the suit, which accuses Apple of violating Samsung patents in developing such products as the iPhone 4, iPhone 4S, iPod Touch, iPad 2 and the new iPad.
In petitioning the court, Samsung said in its filing that it “has now confirmed that the iPhone 5 has the same accused functionality as the previously accused versions of the iPhone.” In its infringement contentions, Samsung has alleged infringement of two UMTS cellular standards patents and six feature patents by Apple’s iPhone, iPad, and iPod Touch devices. Samsung has also alleged infringement by Apple’s Mac, Mac Mini, Mac Pro, MacBook, MacBook Air, MacBook Pro, iMac and Apple TV products.
It will be some time before the court rules on the alleged infringements. Discovery is scheduled to close on July 8, 2013, and expert discovery is not scheduled to close until Aug. 30, 2013.
Meantime, the court reversed a three-month-old preliminary injunction on the sale of Samsung’s Galaxy Tab 10.1, one of Samsung’s earlier model tablets. However, both companies will be back in the court on Dec. 6 for a hearing on Apple’s request for a temporary injunction on the sale of the following eight smartphones: the Galaxy S 4G, Galaxy SII on the AT&T network, Galaxy SII Skyrocket, Galaxy SII on the T-Mobile network, Galaxy SII Epic 4G, Galaxy S Showcase, Droid Charge and Galaxy Prevail. They were among 25 Samsung mobile devices, including the Galaxy Tab 10.1, found by a jury to infringe on multiple Apple patents.
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