Judge Allows Apple and Samsung to Include Products in Patent Lawsuit
By Karla Robinson
November 20, 2012
November 20, 2012
- U.S. Magistrate Judge Paul Grewal is allowing Samsung to add the iPhone 5 to the list of Apple products infringing its patents. Meanwhile, he also approved Apple’s move to include the Samsung Galaxy Note, Galaxy S III and the Jelly Bean operating system in its patent violation claims.
- In August, Samsung was found guilty of violating Apple’s patents and forced to pay $1.05 billion in damages. Earlier in February, Apple filed a second lawsuit against Samsung, “alleging that various Samsung smartphone and tablet products including the Galaxy Nexus infringed eight of its patents,” Reuters reports.
- In response, Samsung filed a cross-complaint that Apple’s iPhone and iPad infringed on eight of its patents.
- “U.S. District Judge Lucy Koh issued a preliminary injunction against pretrial sales of the Nexus in June. But the U.S. Court of Appeals for the Federal Circuit overturned the sales ban on October 11,” explains the article.
- Apple’s addition of the Jelly Bean operating system is the first direct action against Google in its patent lawsuits with Samsung.
- Even though Apple did not oppose adding the iPhone5, Judge Grewal warned the Silicon Valley tech giant to “think twice before opposing similar amendments reflecting other newly released products — e.g. the iPad 4 and iPad mini — that Samsung may propose in the near future.”
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AllThingsD also reported the lawsuit update but with a notable difference: “Grewal, however, quashed Apple’s attempt to bring a blanket claim against the OS, saying Jelly Bean is a Google product, not a Samsung one,” the article states.
“Samsung also does not have any design control over the content of Jelly Bean as it is a Google Android product that Samsung itself did not develop,” Judge Grewal wrote. “The court will not permit a sweeping amendment that might apply to devices other than those properly tied to Samsung. … The court will allow this proposed amendment, but only as to the Jelly Bean product Apple has specified: the Galaxy Nexus.”
AllThingsD also reported the lawsuit update but with a notable difference: “Grewal, however, quashed Apple’s attempt to bring a blanket claim against the OS, saying Jelly Bean is a Google product, not a Samsung one,” the article states.
“Samsung also does not have any design control over the content of Jelly Bean as it is a Google Android product that Samsung itself did not develop,” Judge Grewal wrote. “The court will not permit a sweeping amendment that might apply to devices other than those properly tied to Samsung. … The court will allow this proposed amendment, but only as to the Jelly Bean product Apple has specified: the Galaxy Nexus.”
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