Roman Loyola

Samsung accuses recent Apple products of infringing its patents

Samsung has alleged that three recent products from Apple, including the iPad mini, infringe on its patents.

The South Korean company said in a U.S. District Court filing Wednesday that the products were released by Apple after Samsung submitted its original infringement claims in June and a supplement motion on Oct. 1 that added the iPhone 5 to products that allegedly infringe its patents.

The products included in the latest motion are the iPad mini and the latest versions of the iPad and iPod touch.

Samsung has also asked the court to clarify whether its original contentions properly allege infringement of U.S. Patent No. 7,672,470 by three earlier iPod touch versions; Samsung is asking the court to add these products to its infringement contentions.

Apple officially announced the fifth generation of the iPod touch on Sept. 12 but the device did not ship until at least Oct. 9, Samsung said in its filing. The fourth-generation iPad and the iPad mini were introduced on Oct. 23.

In its filing, Samsung says proof of infringement of the patents by the three new products will be substantially the same as for other Apple devices that Samsung is accusing of infringement and that there will be no impact on the parties’ ongoing claim construction efforts.

The move by Samsung follows an order by the court last week that allowed Samsung to include the iPhone 5 among the products alleged to have infringed its patents. The court also allowed Apple to amend its infringement contentions to include the Jelly Bean operating system and newer products from Samsung such as the Galaxy Note 10.1 and the U.S. version of the Galaxy S III.

In his order last week, Magistrate Judge Paul S. Grewal, raised the possibility that Apple’s latest tablets may also be allowed to be added if Samsung made that requst.

“Given the early stage of this litigation and the reasoning of this order, the court notes that Apple should think twice before opposing similar amendments reflecting other newly-released products — e.g. the iPad 4 and iPad mini — that Samsung may propose in the near future,” Judge Grewal wrote in his order. Any amended contentions shall be served no later than Nov. 23, he added.

In another patent lawsuit before the same court, Judge Grewal ordered Apple on Wednesday to produce for viewing only by attorneys an unredacted copy of its recent patent license and settlement agreement with HTC, which Samsung said was relevant to its dispute with Apple.

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