This is the fourth installment of the Apple vs. Samsung Lawsuit & Patent Infringement Trials, a continuation of the first installment can be read here, while the second installment on how the similar Apple vs. Samsung trials is proceeding worldwide, click here. The third installment on its impact on other tech companies can be viewed here.
Four months following the $1.05 billion verdict in Apple's favor, additional filings have been in order and requested to ban.
Samsung has sought to throw out the verdict on top of adding the latest Apple smartphone to the case.
The South Korean based company filed on Oct. 1 to add the iPhone 5 to the patent infringement case, either part of the retrial or with a new trial, separate from the summer 2012 court case.
Samsung claimed the iPhone 5 infringes on two Universal Mobile Telecommunications System (UMTS) standard patents and six features patents.
The court filing noted, "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."
The filing was not surprising as it was reported Samsung would sue Apple over the addition of LTE days before the iPhone 5 launched on Sept. 12
Samsung's revised Patent Complaint against Apple to include iPhone 5
US District Judge Lucy H. Koh, who has been overseeing the trial, then announced she'll reverse the ban of Samsung's Galaxy Tab 10.1, which she ordered its US sales to halt back in June, citing it the tablet was "virtually indistinguishable" compared to Apple's iPad.
Judge Koh stated, "The public has no interest in enjoining a non-infringing product, and thus any market disruption caused by dissolution would be insignificant compared to Samsung's interest in restoring its product to market."
Samsung responded with, "We are pleased with the court's action, which vindicates our position that there was no infringement of Apple's design patent and that an injunction was not called for."
Apple did not immediately comment, nor will the Cupertino company comment when Samsung filed another complaint to add three more Apple devices to the patent infringement case along with the iPhone 5.
According to court documents filed on Nov. 21, Samsung is seeking to add the iPod Touch 5G, iPad 4, and iPad Mini to the infringement case since the products are now available.
Samsung noted the products "were not yet available when Samsung submitted its original contentions on June 15, 2012 or its first motion to supplement its infringement contentions on October 1, 2012."
"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. The addition of these products to Samsung's contentions will not cause any delay or materially affect the infringement analysis," stated Samsung in Wednesday's filings.
As done with the iPhone 5 filing, Samsung stated they have notified Apple ahead of time in order for Apple to "prepare its defenses."
Samsung motion adding iPad Mini, iPod models to Apple suit
Another blow for Apple was made that same day when the Californian courts ruled that third party agreements must be disclosed as it may prove of importance to the ongoing patent infringement case, notably a deal Apple recently made with HTC. Samsung championed the move.
Judge Koh then ordered the Apple and HTC agreement be publicly available, despite the original ruling stating it would be “attorney’s eyes only.”
However, Apple made its move.
Days after Samsung’s latest filings to add the iPad Mini, iPad 4, and iPod Touch 5G, Apple filed 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 about Apple’s filing 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 requested 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."
And finally, the time arrived.
Apple and Samsung went back to court on Dec. 6, as Samsung tried to have the billion-dollar verdict overturned. On top of the $1 billion verdict, Apple is requesting the courts to make Samsung pay an additional $500 million and to ban the US sales of specific Samsung devices. According to the Los Angeles Times, Apple is seeking to ban Samsung's Galaxy S 4G, Galaxy S2, and Droid Charge.
A ruling by Judge Koh did not arrive until Dec. 17, and decided not to overturn the case.
Although it might be a loss for Samsung, a victory came when the judge ruled against Apple's wishes to ban 26 Samsung devices.
Judge Koh stated, "First and most importantly, Apple has not been able to link the harms it has suffered to Samsung's infringement of any of Apple's six utility and design patents that the jury found infringed by Samsung products in this case. The fact that Apple may have lost customers and downstream sales to Samsung is not enough to justify an injunction."
To add onto the US ruling, Samsung announced it will withdraw its patent lawsuits against Apple in Europe. Patent infringement trials have been taking place in France, Germany, Italy, Netherlands, and the United Kingdom.
"Samsung has decided to withdraw our injunction requests against Apple on the basis of our standard essential patents pending in European courts, in the interest of protecting consumer choice," stated the South Korea-based company.
Although it appears most matters were resolved in the US and Europe, the filings in regards to Apple and Samsung's latest filings in October and November, to add devices such as the iPhone 5, Galaxy S3, iPad Mini, and Galaxy Note 2 among many more, will take place in 2014.
Apple Denied Motion for Permanent Injunction
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