Making good on its stated intent to file a patent lawsuit against Apple over the iPhone 5, Samsung has filed a request to have the device added to an existing lawsuit underway in U.S. Federal Court, according to FOSS Patents.
CNET has posted the complete court filing, which claims that the iPhone 5 infringes six utility patents and two other standards essential patents held by Samsung.The October 1 filing now says that "as soon as [the] iPhone 5 was available for purchase, Samsung began its investigation of the product and within a week "determined that the iPhone 5 practiced its patented technologies".
Samsung tells the court that it would be more efficient to address the iPhone 5 in that second California litigation between the two parties than to file a new one over the same eight Samsung patents only to target the iPhone 5. Samsung says that "[t]he iPhone 5 has the same accused functionality as the previously accused versions of the iPhone, so the proof of infringement of the patents-in-suit by the iPhone 5 is the same as for other Apple devices already accused of infringement in this litigation".
Samsung's move to take on the iPhone 5 comes just as the same U.S. court order that the three-month old preliminary injunction barring sales of Samsung's Galaxy Tab 10.1 be lifted. Apple can still win a permanent injunction as the trial plays out, but for now the original Galaxy Tab 10.1 can return to sale in the United States.
Article Link: Samsung Requests to Add iPhone 5 to U.S. Patent Lawsuit