Samsung alleges new iPad Mini and latest iPad infringe patents
A Judge last week allowed both Samsung and Apple to include more products, including the new iPod Touch, in their infringement contentions
By John Ribeiro | Published: 10:37, 22 November 2012
The new iPad Mini and two other Apple products infringe Samsung patents, the South Korean company has alleged.
Samsung said in a filing yesterday in the US District Court for the Northern District of California, San Jose division, that the products were released by Apple after Samsung submitted its original infringement contentions on June 15, and a motion to supplement on October 1 that added the iPhone 5 to products that allegedly infringe its patents.
The products included in the latest motion to amend and supplement the infringement contentions are the iPad mini and the latest versions of the iPad and iPod touch.
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Samsung has also asked for clarification from the court if its original contentions properly allege infringement of US Patent No. 7,672,470 by three prior generations of the iPod touch, and alternatively asks leave to add these products to its infringement contentions.
Apple officially announced the latest generation of the iPod touch, referred to as the iPod touch 5, on September 12 but the device did not ship until at least October 9, Samsung said in its filing. The fourth-generation iPad, also referred to as the iPad 4, and the iPad mini were introduced on October 23.
The proof of infringement of the patents in the suit by the three new products will be substantially the same as for other Apple devices already accused of infringement in the litigation, and there will be no impact on the parties' ongoing claim construction efforts, Samsung said in the filing.
The move by Samsung follows an order by the court last week which allowed Samsung to include the iPhone 5 among the products alleged to have infringed its patents. The court also allowed Apple to amend its infringement contentions to include the Jelly Bean operating system and newer products from Samsung such as the Galaxy Note 10.1 and the US version of the Galaxy S III.
In his order last week, Magistrate Judge Paul S. Grewal, raised the possibility that Apple's latest tablets may also be allowed to be added if Samsung requested their inclusion.
"Given the early stage of this litigation and the reasoning of this order, the court notes that Apple should think twice before opposing similar amendments reflecting other newly-released products - like the iPad 4 and iPad mini - that Samsung may propose in the near future," Judge Grewal wrote in his order. Any amended contentions shall be served no later than November 23, he added.
In another patent lawsuit before the same court, Judge Grewal ordered Apple to produce for viewing only by attorneys an unredacted copy of its recent patent licence and settlement agreement with HTC, which Samsung said was relevant to its dispute with Apple.