updated 06:20 pm EDT, Wed June 6, 2012
Apple expects S III to violate same patents as Nexus, seeks injunction
Apple is attempting to preemptively stop the sales of the Samsung Galaxy S III phone in the United States. Tuesday night, Apple filed a motion in its ongoing litigation against Samsung asking for permission from Judge Lucy Koh to add the S III as another product violating unified search (Siri), and patents related to data-tapping in text messages and the browser, such as when a phone number appears on a text or web page and can be tapped to initiate a call. Apple states in the filing that "it is clear that infringement can be shown with respect to these patents based on the current record."
Apple's counsel contacted Samsung's counsel on May 31 to discuss Apple's plan to include the S III among the list of patent-violating products. Samsung's legal team retorted on June 4 that "Apple's pending Preliminary Injunction Motion will have no bearing on the release date of the Galaxy S III."
Following Samsung's rejection, Apple then filed the motion on June 5. Samsung responded today to Apple's motion, suggesting to the court that if Apple wishes to shut down US Galaxy S III sales, a new motion is needed, and Samsung should be allowed to develop a full defense against the accusation in a separate legal battle.
The earlier injunction motion filed against the Galaxy Nexus is over four patents, two of which Apple has asserted in this motion against the S III. Apple is still analyzing the S III for infringements of the other two -- the slide-to-unlock, and the auto-complete patents.
Apple is waiting on the appeals court to turn over jurisdiction back to Judge Koh's court for an injunction on the Galaxy 10.1 tablet. Judge Koh is hearing separate infringement cases between Apple and Samsung, and earlier decreed that the sides needed to narrow the number of patents in question. Court-mandated negotiations between the CEOs of Samsung and Apple held late last month failed to reach a settlement, leading to the trial.
12-06-05 Apple Motion on Galaxy S III