According to Apple’s court filing:
Samsung recently released its newest smartphone, the Galaxy S4, which began shipping in late April 2013. Based on Apple’s analysis of the Galaxy S4, Apple has concluded that it is an infringing device and accordingly intends to move for leave to add the Galaxy S4 as an infringing product.
In the increasingly complex world of Apple legal maneuvering, this case is both an offensive action against Samsung and defensive, as Samsung has filed a counterclaim. So both Apple and Samsung are plaintiffs and defendants at one and the same time.
This existing list of what Apple believes are infringing Samsung products is already at 22. Because the judge in the case has asked Apple to limit the number of products it is accusing, Apple has offered to drop one from this list in order to add the S4:
- Captivate Glide
- Conquer 4G
- Exhibit 2 4G
- Galaxy Nexus
- Galaxy Note
- Galaxy Note 10.1
- Galaxy Note II
- Galaxy Player 4.0
- GalaxyPlayer 5.0
- Galaxy Rugby Pro
- Galaxy SII
- Galaxy SII Epic 4G Touch
- Galaxy SII Skyrocket
- Galaxy S III
- Galaxy Tab 7.0 Plus
- Galaxy Tab 8.9
- Galaxy Tab 2 10.1
- Transform Ultra
Samsung’s plan to limit the number of models accused, however, consists of a strategy of calling each product for each carrier a different model, Apple says in the filing. In other words, a Galaxy S4 would be one product when configured for AT&T, and a second when configured for Verizon.
Apple, naturally, disagrees with that strategy, saying that “during the parties’ recent discussions, Apple asked Samsung to identify any relevant differences between carriers and operating system versions that justified its proposed granular approach – Samsung refused.” In addition, Apple says, Samsung’s counterclaims on Apple products it accuses of patent infringement do not count the iPhone 5 on AT&T as different from the iPhone 5 on Verizon.
In other words, Apple’s saying, Samsung can’t have its cake and eat it too. Or, what’s good for Pauline is good for Petra. However, in fairness, Apple does have three models of the Galaxy S II on the list, as well as three models of the Galaxy Note, and three models of the Galaxy Tab (although these are different sizes).
In one final interesting note, several of the lawyers representing Apple are from San Francisco firm Morrison & Foerster, which chose its domain name from the first two letters of “Morrison” and “Foerster,” and only those two letters. Which, ironically, is a bit of an apt summary and probable preview of all the legal action so far.
The soap opera continues …
Image credit: Devindra Hardawar/VentureBeat; Hat tip: The Verge
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