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Apple adds Galaxy S III, 20+ Samsung devices to 2013 trial

updated 11:43 pm EDT, Fri August 31, 2012

Wording in filing leaves door open for future devices

Just over seven days after Apple was handed a sweeping billion-dollar victory over Samsung in its contentious patent lawsuit in California, Apple has added "at least 21 new smartphones, media players, and tablets that Samsung has released beginning in August 2011 and continuing through August 2012" as infringing products in a separate US bench trial in San Jose, scheduled for 2013. In addition to the devices, Apple is asserting four new patent claims against the infringing products, which include the Google-branded but Samsung-built Galaxy Nexus smartphone.

While most of the devices are no longer for sale, flagship products for Samsung such as the Galaxy S III and Galaxy Note 10.1 tablet are on the amended list. The fact that a Google-branded smartphone is on the list may hint that Apple plans to step up its assault on patent violators to include Google directly at some point.

In the new complaint, Apple says Samsung has "continued to flood the market with copycat products" and that it is suffering and will suffer irreparable harm from Samsung's violation of the eight utility patents, which include the '647 ("data detectors") patent that has been a centerpiece of Apple's various patent fights against imitators. Others include the '604 "universal search" patent that Samsung and Google have already begun patching out of some models of phones.

Specific devices named in this filing are the the Galaxy S III, Galaxy S III carried by Verizon, Galaxy Note, Galaxy S II Skyrocket, Galaxy S II Epic 4G Touch, Galaxy S II, Galaxy S II carried by T-Mobile, Galaxy S II - AT&T, Galaxy Nexus, Illusion, Captivate Glide, Exhibit II 4G, Stratosphere, Transform Ultra, Admire, Conquer 4G, and Dart smartphones, the Galaxy Player 4.0 and Galaxy Player 5.0 media players; and the Galaxy Note 10.1, Galaxy Tab 7.0 Plus, and Galaxy Tab 8.9 tablets. Most are no longer in active production, and none of the tablets apart from the still-available Galaxy Nexus were said to have done well in the US.

Apple is also accusing Samsung of copying the '172 "word completion" patent and the '721 "slide to unlock" patent. The latter has already earned a sales ban against HTC handsets, but Google has yet to remove or work around the patent in its Android operating system.

The iPad maker also points out in its complaint that Samsung has continued to offer infringing models of smartphone and tablet even while the patent trial was going on. Apple says that while it "won a temporary injunction against the Galaxy Nexus in June on potential infringement of the '604 'unified search' patent, Samsung was granted a stay pending appeal and the unit remains on sale today."

In the aftermath of the first Apple vs. Samsung jury trial, Apple has also filed with that court to request a permanent sales ban on eight infringing Samsung products. Samsung is also requesting a lifting of the ban on the Galaxy Tab 10.1, saying it was found not to infringe on any of Apple's "design" patents (though it was still guilty of infringing on two of Apple's software patents).

Apple originally attempted to enjoin the Galaxy S III after its successful injunction motions against the Galaxy Nexus and Galaxy Tab 10.1 back in June. Judge Lucy Koh, overseer of the first trial and slated to try the second, gave Apple the option of delaying the just-concluded jury trial to hear the motion, or continue with the trial as scheduled. Apple chose the latter option, putting aside infringement claim against the S III to focus on the trial.

Apple's wording in the filing also leaves some room for amendments. Additional existing devices thought to be infringing may be added in the future, or new devices could be named as infringing as Apple may not view them to be "substantively dissimilar" to the four new patents listed in this motion, or the four patents asserted in the completed trial. Some of the patents Samsung is accused of infringing in the amended complaint were only been awarded to Apple after the original court filing from 2011.


Amdended Apple Versus Samsing Injunction Product List



By Electronista Staff
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Comments

  1. SockRolid

    Forum Regular

    Joined: 01-21-10

    "Winning."

  1. Wingsy

    Fresh-Faced Recruit

    Joined: 04-14-05

    OK, Apple just went from Nuclear to genuine Thermonuclear.

  1. aviamquepasa

    Fresh-Faced Recruit

    Joined: 10-22-11

    Apple is now like Microsoft in the 1990's.

  1. Arne_Saknussemm

    Forum Regular

    Joined: 04-05-11

    Amazing, Apple is targeting even STYLUS equipped devices; what's next?

    A list of 2003 Windows Mobile Pocket PCs?

    Or maybe the 90's Palm Pilots?

    - You could dial a phone number on those by clicking on it; well over ten years before Apple even had plans for a phone.

    If anything this latest salvo of lawsuits from Apple, together with it's abandoning of it's core professional followers (demise of Mac Servers, Pros, Final Cut X) and glacial rate of innovation (since Jobs illness worsened anyways) proves the company has reached it's peak in a Gaussian curve soon to begin it's downward slide.

    Just like the Roman Empire, when reaching it's final days it resorts to litigation to try and keep "control" of it's domains...

    If the next iPhone is anything but a stellar device, and the mini iPad fails to impress, the downward slope of Apple's empire will be very evident indeed.

  1. lamewing

    Dedicated MacNNer

    Joined: 08-04-04

    "...Apple claims it is suffering and will suffer irreparable harm from Samsung's violation of eight utility patents..."

    REALLY? is it suffering IRREPARABLE harm? The only harm Apple is suffering from is their own hubris. So now Apple is going after new Samsung phones with designs unlike that of the iPhone as a way to remove any and all competition from the market. At my board gaming group last weekend three (3) people had new Samsung Galaxy SIII phones. People love these phones and don't seem the least bit put off that Samsung might have been considered a "copycat".

    Sorry, these new phones are light years ahead of even the 4S and Apple is doing anything to try and stop their sales. I was somewhat okay with the outcome of the trial, but this "throw everything against the wall and hope something sticks" mentality is going overboard.

  1. lamewing

    Dedicated MacNNer

    Joined: 08-04-04

    Originally Posted by Arne_SaknussemmView Post

    Amazing, Apple is targeting even STYLUS equipped devices; what's next?

    A list of 2003 Windows Mobile Pocket PCs?

    Or maybe the 90's Palm Pilots?

    - You could dial a phone number on those by clicking on it; well over ten years before Apple even had plans for a phone.

    If anything this latest salvo of lawsuits from Apple, together with it's abandoning of it's core professional followers (demise of Mac Servers, Pros, Final Cut X) and glacial rate of innovation (since Jobs illness worsened anyways) proves the company has reached it's peak in a Gaussian curve soon to begin it's downward slide.

    Just like the Roman Empire, when reaching it's final days it resorts to litigation to try and keep "control" of it's domains...

    If the next iPhone is anything but a stellar device, and the mini iPad fails to impress, the downward slope of Apple's empire will be very evident indeed.



    I see within 5 years Apple will again be a has-been company or, at best, barely keeping up with the status quo while their competition out innovates and outmaneuvers them. The sad part is that Apple will only have itself to blame for this...

  1. chefpastry

    Mac Enthusiast

    Joined: 11-14-05

    Originally Posted by aviamquepasaView Post

    Apple is now like Microsoft in the 1990's.



    In the '90s, Apple was on the brink of extinction due to Microsoft copying their technologies. It took them a whole lot of hard work, great products, and luck to get themselves where they are today. Apple owes it to themselves and their share holders to protect their IP in every way possible. If/when Apple uses others' IP, they certainly attack Apple with lawsuits, why is it that when Apple defends their IP, hoards of idiots scream foul?

    When Steve Jobs introduced the original iPhone, he warned the world by saying, "Boy, have we patented it!" It was foolish for Google and the companies who uses Android not to heed this warning.

  1. Arne_Saknussemm

    Forum Regular

    Joined: 04-05-11

    Very sad, for Apple was quite an innovative company until just before it dropped the "computer" from it's name and only saw dollar signs where it's loyal Graphics/Video/Music loyal customers used to be.
    .
    I just wonder if the fate "lamewig" and myself see for Apple could have been averted had Jobs been around, or if he was as empty of ideas as the current management is...
    .
    Very sad way to be remembered.

  1. lkrupp

    Junior Member

    Joined: 05-13-01

    Originally Posted by Arne_SaknussemmView Post

    Very sad, for Apple was quite an innovative company until just before it dropped the "computer" from it's name and only saw dollar signs where it's loyal Graphics/Video/Music loyal customers used to be.
    .
    I just wonder if the fate "lamewig" and myself see for Apple could have been averted had Jobs been around, or if he was as empty of ideas as the current management is...
    .
    Very sad way to be remembered.





    Yet another example of jerk punditry from you two. Apple's future is bright, they are firing on all cylinders, and aren't anywhere near the end of their growth. And the only way competitors can keep up with them is by copying them, like Samscum. Galaxy SIII? More copying, nothing innovative at all. Samscum has to wait for the next iPhone before they can move forward.

  1. Arne_Saknussemm

    Forum Regular

    Joined: 04-05-11

    Originally Posted by lkruppView Post


    Yet another example of jerk punditry from you two. Apple's future is bright, they are firing on all cylinders, and aren't anywhere near the end of their growth. And the only way competitors can keep up with them is by copying them, like Samscum. Galaxy SIII? More copying, nothing innovative at all. Samscum has to wait for the next iPhone before they can move forward.


    .
    .
    lkrupp, and similar characters relying on insults, memorized propaganda, and marketing rants; make up the core of "The New Apple". The rest are mostly outdated, or misinformed gadget freaks looking more for eye candy than real specs or true state of the art electronics.
    .
    .
    More signs of a dying company/religion, founded by a dead Messiah that was an inspiring leader but became so self centered and egotistical that left no valid formula for it's company to move forward.

  1. chefpastry

    Mac Enthusiast

    Joined: 11-14-05

    Originally Posted by Arne_SaknussemmView Post

    Very sad, for Apple was quite an innovative company until just before it dropped the "computer" from it's name and only saw dollar signs where it's loyal Graphics/Video/Music loyal customers used to be.
    .
    I just wonder if the fate "lamewig" and myself see for Apple could have been averted had Jobs been around, or if he was as empty of ideas as the current management is...
    .
    Very sad way to be remembered.



    I find it very sad that there are morons who actually believe the propaganda and lies they have been fed by Samsung/Google. There were many great things Samsung could have done had they innovated their own ideas rather than copying others'. Apple's loyal customers remain loyal. I have been a Mac user since the 90s and have no intention of ever switching to anything else. There, now you don't have to wonder.

    Whatever the heck fate lies for you and lamewing, I do not envy you. All I see is a lifetime of suffering with Windows and Android. You can follow the great leaders Balmer and Schmidt in to oblivion.

    What other copy cat products do you purchase in your daily lives?

    People who are paid shills should make it clear that they are such in their posts.

  1. crewdie

    Fresh-Faced Recruit

    Joined: 08-19-12

    That rumor I heard about Apple submitting a patent on patents seems more and more likely to be true......................

  1. nickanick

    Fresh-Faced Recruit

    Joined: 09-02-12

    In other news, a man has come forward with a patent dating back from 1963. The patent is "using the fingertips to touch flat surfaces for the purpose of creating one or more responses" and could send the entire tech industry into a world war of the courts.

  1. Grendelmon

    Dedicated MacNNer

    Joined: 12-26-07

    Originally Posted by chefpastryView Post


    Whatever the heck fate lies for you and lamewing, I do not envy you. All I see is a lifetime of suffering with Windows and Android. You can follow the great leaders Balmer and Schmidt in to oblivion.
    What other copy cat products do you purchase in your daily lives?
    People who are paid shills should make it clear that they are such in their posts.




    Oh dear lord, spare us your BS. We don't care how long you've been using Macs. And we don't care if you are so short sighted that you think every Windows and Android user is "suffering" through life with their computer and/or smarthphone experience.

  1. chefpastry

    Mac Enthusiast

    Joined: 11-14-05

    Originally Posted by GrendelmonView Post


    Oh dear lord, spare us your BS. We don't care how long you've been using Macs. And we don't care if you are so short sighted that you think every Windows and Android user is "suffering" through life with their computer and/or smarthphone experience.



    Since you don't care, please don't reply to my post and spare me your BS.

  1. blahblahbber

    Banned

    Joined: 02-01-05

    relax folks, you guys should have seen all this coming. You've been warned before! Guess there is no choice but to buy an iPhone now in the good ol' US of A.... haha
    (time for lunch, bubbye)

  1. chas_m

    MacNN Staff

    Joined: 08-04-01

    Actually, all of you (but particularly our low-quality, know-nothing troll brigade) are wrong. This entire situation is a wholly-owned product of our broken patent system.

    You can argue if you like (pointlessly, but you can) about whether Apple or Samsung should have been granted this or that patent, trademark, copyright etc.

    But once they HAVE been granted said mark, they have a LEGAL OBLIGATION (not to mention a fiduciary requirement) to protect it or they will lose it). They don't really have a choice, particularly when four companies in particular (Google, Motorola, HTC and Samsung) have decided to not play by the rules.

  1. Arne_Saknussemm

    Forum Regular

    Joined: 04-05-11

    Originally Posted by chas_mView Post

    Actually, all of you (but particularly our low-quality, know-nothing troll brigade) are wrong. This entire situation is a wholly-owned product of our broken patent system.
    You can argue if you like (pointlessly, but you can) about whether Apple or Samsung should have been granted this or that patent, trademark, copyright etc.
    But once they HAVE been granted said mark, they have a LEGAL OBLIGATION (not to mention a fiduciary requirement) to protect it or they will lose it). They don't really have a choice, particularly when four companies in particular (Google, Motorola, HTC and Samsung) have decided to not play by the rules.

    .
    .
    .
    .
    Aha!!!
    .
    .
    This proves it beyond any doubt;
    .
    .
    Even the most diehard of Apple iFans understands the absolute lack of value of the arguments (obvious, wrongly given, patents) their favorite consumer electronics brand (emphasis on consumer $) puts forward to try and forcibly secure a piece of the market it feels slipping away.
    .
    .
    Maybe even the new apple followers deep inside understand they are consumers too, and on the back of their minds feel the premium they pay for that "Apple only"power connector, our that extra SD card reader cable they had to purchase, just to view the pictures from their digital SLR, is just a vulgar ripoff.
    .
    .
    I still keep with me a device from the former Apple that was undeniably brilliant and far ahead of it's time; the Newton Messagepad. The tech back in the 90's was not yet ready for it, but not only did had removable batteries, but a stylus.
    .
    Maybe Apple is not particularly angry at Samsung for using it's beloved"rounded rectangles", our some other trivial concept, but because Samsung succeeded with the S-Pen where or failed so long ago...

  1. chas_m

    MacNN Staff

    Joined: 08-04-01

    arne: thanks for proving my description of you as a know-nothing troll. Cheers.

  1. Arne_Saknussemm

    Forum Regular

    Joined: 04-05-11

    Dear chas_m; I am sorry you feel uncomfortable about the late attitude of Apple. I am as much a troll as you will be when your tipping point is reached as you get fed up with Apple's boundless greed.
    .
    .
    .
    At one point(long long time ago) I too was an iFan, and still believe where it comes to Industrial Design Apple (save for very rare occasions like some mice...)is still a leader. But if it's products are so good, why does it have to resort to lame tactics like proprietary connectors, firmware that does not recognize non-Apple drives, and h3ll even the darned sealed in batteries that force you to send the phone away? Would it not be enough for Apple to secure it's customers providing them with the best electronics there is to secure it's user base?
    .
    .
    .
    In time you too will have had enough and other platforms will start to look more attractive...

  1. hayesk

    Professional Poster

    Joined: 09-17-99

    Originally Posted by lamewingView Post

    "...Apple claims it is suffering and will suffer irreparable harm from Samsung's violation of eight utility patents..."
    REALLY? is it suffering IRREPARABLE harm? The only harm Apple is suffering from is their own hubris. So now Apple is going after new Samsung phones with designs unlike that of the iPhone as a way to remove any and all competition from the market. At my board gaming group last weekend three (3) people had new Samsung Galaxy SIII phones. People love these phones and don't seem the least bit put off that Samsung might have been considered a "copycat". .



    Uhm... Your friends don't care if their Samsung phones are copycats, and they didn't purchase iPhones.

    Didn't you just prove Apple suffered harm?

    All of this "Apple is stifling innovation" Is pure bull. Any phone manufacturer is free to make a phone that is not a copy of the iPhone. Now the manufacturers will try harder to make sure their phone is not like the iPhone. Isn't that improving innovation?

    If Apple lost this case, you'd have more manufacturers making iPhone knockoffs. I fail to see how that is seen as innovation.

  1. lamewing

    Dedicated MacNNer

    Joined: 08-04-04

    Originally Posted by lkruppView Post

    [QUOTE=Arne_Saknussemm;4187834]Very sad, for Apple was quite an innovative company until just before it dropped the "computer" from it's name and only saw dollar signs where it's loyal Graphics/Video/Music loyal customers used to be.
    .
    I just wonder if the fate "lamewig" and myself see for Apple could have been averted had Jobs been around, or if he was as empty of ideas as the current management is...
    .
    Very sad way to be remembered.





    Yet another example of jerk punditry from you two. Apple's future is bright, they are firing on all cylinders, and aren't anywhere near the end of their growth. And the only way competitors can keep up with them is by copying them, like Samscum. Galaxy SIII? More copying, nothing innovative at all. Samscum has to wait for the next iPhone before they can move forward.[/quote]

    "jerk punditry" Really? Name calling is your idea of a reasonable discussion. I did NOT say "down with Apple", ' Apple sux", "Jobs deserved cancer", "Apple deserves to fail" I NEVER said anything like that. I said that I fear Apple is heading down a path where it will just be another has-been company producing stuff that people buy, (example) just like Best Buy went from being a great electronics store to just another day old big box store that I hate to even enter. :/ If you disagree with me, that is fine, but how about dropping the name-calling nonsense? Hmmm?

    "Samscum" more name calling? What are you five years old? What can really be innovated in smart phones at this point. All phones are basically rectangles with a glass screen and bezel of varying sizes. They have buttons. They have batteries. They may charging ports, headphone jacks, and speakers. They have bluetooth. They have wifi. They screens are touch screens. They have a logic board full of chips that anyone can buy or at least buy a competing chip. What is left? The software. Android Jellybean is nothing like iOS. Samsung might need to adjust Touchwiz to avoid patent disputes, but a screen full of icons (don't copy the icons!) have been around before iOS. Tap a phone number to call? I can do that on my PC within a browser using Skype. At best a FRAND patent. etc etc.

    You claim Samsung has to wait for the next iPhone before it can innovate? When is the last time Apple has innovated on the physical design of the iPhone. 4, 4S, and soone 5 all look the same (minor changes)...boring. Ah, a new connector!!! If you consider Apple's spoon feeding tech to the public innovation...you are simply mistaken. That is nothing more then providing people with just enough to keep them happy while raking in the $$$.

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