updated 02:05 am EDT, Tue October 2, 2012
Eight patents asserted against iPhone 5 as earlier models
A few hours before the injunction on the Galaxy Tab 10.1 was lifted by Judge Lucy Koh, Samsung filed to add the new iPhone 5 to the next Apple versus Samsung smartphone patent lawsuit, scheduled for sometime in late 2013 or 2014. The move was previously announced, as Samsung made its intentions clear on September 20 that it was waiting until it had "a reasonable opportunity to analyze the device" to add it to the complaint.
Samsung claims that "the 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." Adding the new iPhone to the next trial is considered to be more efficient than creating an entirely separate suit and trial just for the iPhone 5. Eight patents are being asserted against the iPhone 5 -- the same ones being applied versus earlier iPhone models in addition to the iPad and iPod Touch.
The 2013 trial's buildup led to the injunction and consequent suspension of the embargo of the Galaxy Nexus smartphone, which has been found to be infringing on other patents asserted by Apple in the August jury trial. A December post-trial hearing will be used to evaluate Samsung's claims of jury misconduct as well as Apple's request to have a large number of Samsung's mobile devices embargoed.