Reuters is reporting that Samsung will be amending its counterclaims against Apple in the two companies' second lawsuit in California, currently scheduled for trial in March 2014. Here's what Samsung is saying:

"Samsung anticipates that it will file, in the near future, a motion to amend its infringement contentions to add the iPhone 5 as an accused product ... Based on information currently available, Samsung expects that the iPhone 5 will infringe the asserted Samsung patents-in-suit in the same way as the other accused iPhone models."

This trial focuses squarely on software patents Apple is claiming are violated by the entire Android operating system (eg, the app picker, unified search, auto-correct), and has essentially nothing to do with product design.

Samsung wants to allege that the iPhone 5 violates all eight of the patents-in-suit it has presented, in response to the eight patents Apple has asserted against it. Eight for eight, which is sort of an odd coincidence. The patents Samsung is asserting relate to network technology and software, so presumably neither iOS6 nor the iPhone 5 have avoided what Samsung believes to be its wrongfully infringed IP.

Right now, this really doesn't mean much. Samsung has already named a number of Apple products in this lawsuit, and is simply taking the predictable measure of tacking on Apple's newest release. To clarify, this has nothing to do with any of the LTE patents Samsung has threatened to sue Apple for infringing with the iPhone 5, and Samsung will likely not be able to add those patents to this particular suit - it will have to file a new action if it wishes to assert them.

There has been no indication Samsung will be seeking a preliminary injunction as part of this lawsuit, but given the rather substantial loss the company suffered last month to Apple in the same court (and under the same judge), I wouldn't put it out of the realm of possibility.


David Ruddock
David's phone is whatever is currently sitting on his desk. He is an avid writer, and enjoys playing devil's advocate in editorials, and reviewing the latest phones and gadgets. He also doesn't usually write such boring sentences.

  • MesmeriseStylite54
  • moelsen8

    good. die in a fire, apple.

    • DavidKeith

      a little harsh?

      • moelsen8

        no. they're so aggressive and i'm sick of it. bullying other tech companies by abusing the patent system. they're not good people.

        • DavidKeith

          Don't get me wrong I am NOT a fan of the Apple Company. I think they make good products for people ( I don't like them but whatever)

          They do seem to just keep picking fights with companies and suing them left and right, but I feel like not everyone is playing fair though.. just to give them a little credit.

          Not good people? Well Steve Jobbs wasn't a nice person but he was a genius, and that's the problem. We are allowing them to be @$$ holes because they are the richest company in the planet. Not cool but its how this world works unfortunately

        • dunkle

          You're a hypocrite if you feel vindicated by samsung suing apple. They are doing exactly what you are mad about apple doing. They are faceless companies and you are investing emotions in them and their papers and math and money. There are much better things to be passionate about.

  • Chris Bozsik

    Give em hell Samsung!

  • adauth

    Almost 70% of the worlds smartphones are running an Android OS, over 50% in the U.S. Those numbers are growing in favor of android every quarter. Apple has enough problems, this isnt going to help. I guess people are over the apple "fad" and are relizing apple is chasing android now in terms of hardware and software.

  • onpoint G

    I just want Samsung to sue Apple and actually win...I can bust out the box of wine and call it a victory...either way I will use that box of wine