updated 07:38 pm EST, Wed January 16, 2013
Both parties agree to add newly released devices without objection
Late Tuesday evening, Apple and Samsung filed a joint agreement with the United Stated District Court for the Northern District of California regarding the addition of new products in the upcoming second patent-infringement trial between the two. The agreement groundwork was laid in November, with some differences of opinion between the pair on some details of the device additions. In the end, Apple was granted what it wanted all along -- it would not oppose Samsung adding the iPad 4, iPad mini, and iPod Touch despite potential patent issues, provided that Samsung did not contest the addition of six of its own recently-released devices.
The Samsung devices added to the next patent trial are the Samsung Galaxy Note II, Galaxy Tab 2 10.1, Samsung Rugby Pro, Galaxy S III with Jelly Bean, and the Galaxy Tab 8.9 Wi-Fi with Ice Cream Sandwich. Apple has been filing to add devices as they have been released by the Korean manufacturer.
Samsung's move to add the iPhone 5 to its list of devices it believes are infringing on its own patents was filed shorty after the September 21 debut of the device. In the November ruling, Magistrate Judge Paul Grewal claimed that Samsung had acted with "reasonable diligence" in asking the court to add the iPhone 5.
A hearing was scheduled for January 8, but both Apple and Samsung had asked for a one-week extension, presumably to work out this agreement. The court then arranged for a hearing for yesterday, which never took place. In its stead, this agreement was filed with the court.
The case was brought by Apple after Samsung ignored warnings in 2010 from both the iPhone maker and its rival Google that Samsung's products were too derivative of Apple's designs in both trade dress and software. Apple has accused the company of "slavishly" copying from its innovations, down to the particular shade of green used in the identical "phone" icon.
Samsung countersued Apple, claiming it had in fact infringed on two of Samsung's patents, for which it asked for $400 million in compensation. The claims from Samsung were wholly rejected by the first trial jury, and the company was awarded nothing while Apple was granted a $1.05 billion judgement, which could still be tripled as Samsung's infringement of Apple patents was found to be willful. The jury trial that the devices were added to today spawned the sales injunctions on the Galaxy Tab 10.1 and Galaxy Nexus smartphone. The second trial is likely to take place in late 2013 or 2014.