updated 10:10 am EDT, Fri June 17, 2011
May be diversion from iPad 3, iPhone 5 requests
Apple has newly extended the list of Samsung products it considers an infringement of intellectual property, documents show. Apple's original complaint cited the first Galaxy Tab and a variety of smartphones: the Captivate, Continuum, Vibrant, Galaxy S 4G, Epic 4G, Indulge, Mesmerize, Showcase, Fascinate, Nexus S, Gem, Transform, Intercept and Acclaim. The expanded list incorporates the Galaxy Tab 10.1, along with the Droid Charge, Exhibit 4G, Galaxy Ace, Galaxy Prevail, Galaxy S (i9000), Gravity, Infuse 4G, Nexus S 4G, Replenish, Sidekick and Galaxy S II. Apple's definition of "Showcase" has been sharpened to the Showcase i500 and Showcase Galaxy S.
Apple alleges that Samsung has "been even bolder" that other companies, producing "products that blatantly imitate the appearance of Apple's products to capitalize on Apple's success." The pattern may go as far back as the Samsung F700 in 2007, which Apple claims was the first Samsung phone to "copy the clean flat clear surface of the Apple iPhone Trade Dress and the Apple iPhone/iPhone 3G/iPhone 4 Trade Dress."
The timing of the latest filing is likely more than a coincidence, as Apple and Samsung lawyers are set to meet in a California court this afternoon to debate a Samsung discovery motion requesting access to the iPad 3 and iPhone 5. The motion was filed in response to an Apple demand to see several Samsung products; today is in fact the deadline for Samsung to provide Apple's external lawyers with the Galaxy S II, Infuse 4G and some LTE-based products, as well as the Galaxy Tab 10.1 and 8.9, even though the 8.9 is unreleased. Examination may be used to ask the court for a preliminary injunction.
Apple has also revised the patents it is claiming infringement on, for instance dropping two utility patents but adding another three, for a total of eight. Design patents in the lawsuit are down one to five. Four trade dress applications have been added, covering traits like the placement of icons and the Home button. Apple has moreover taken care to clearly delineate iPhone generations, which could bolster its arguments that the iPad 3 and iPhone 5 are irrelevant to current legal battles.