(Photo : Apple)
Apple is hitting back at Samsung following the South Korean company's request to add several Apple products to the patent infringement case.
As Latinos Post reported last week, Samsung has issued a court file to add the iPad Mini, iPad 4, and the iPod Touch Fifth Generation to the ongoing patent trial.
Samsung stated in the file last Wednesday, "The iPod Touch 5, iPad 4, and iPad Mini have the same accused functionality as the versions of the iPod Touch and iPad that are already part of this case. As such, the proof of infringement of the patents-in-suit by the iPod Touch 5, iPad 4, and iPad Mini will be substantially the same as for other Apple devices already accused of infringement in this litigation, and there will be no impact on the parties' ongoing claim construction efforts."
That same day, the Californian courts ruled that third party agreements must be disclosed, notably a deal Apple recently made with HTC. Samsung championed the move.
In what seem to be big moves by Samsung, Apple is now trying to rebound by adding several Samsung products to the patent case.
According to new court documents filed with U.S. District Court for the Northern District of California, Apple is requesting to add the Galaxy S3, Galaxy S3 Mini, Galaxy Note 2, Galaxy Tab 2 10.1, Galaxy Tab 8.9 Wi-Fi, and the Rugby Pro.
What is unique in the list is the Galaxy S3 Mini, a device Samsung has not formally launched in the US, but Apple makes it clear in the documents that it is being sold through unofficial channels, according to the Wall Street Journal.
The court filing by Apple stated, "In short, Apple has acted quickly and diligently to determine that these newly-released products do infringe many of the same claims already asserted by Apple and in the same way that the already accused devices infringe."
Apple noted that if the request devices are not added to the trial, then they will require to create "an entirely separate suit" against the Samsung products, "involving exactly the same patents, patent claims, and legal theories."
The court filing is only for the US markets despite patent infringement trials occurring worldwide. The US patent infringement case continues despite Apple winning the $1.05 billion verdict against Samsung in August on the patent-infringements. According to US District Judge Lucy H. Koh, she will consider Samsung's bid to change the verdict, or throw it out entirely, based on "allegations of juror misconduct." A decision is likely to be made in the first quarter of 2013.
Latinos Post will add the court documents later in the day.