Apple wants to add Samsung Galaxy S3 Mini, Note 2, Tab 2 and S3 with Jelly Bean update in its patent lawsuit

by: J. Angelo RacomaNovember 25, 2012


Samsung Galaxy S3 Mini

Apple wants to include more devices in its patent infringement suit against Samsung, including the recently-released Galaxy S3 Mini.

As the legal system would have it, patent disputes can be more complicated than they initially look. While Apple has already won in its claim against Samsung in California, both companies have been filing contentions against each other with the court, mainly to include additional products they believe would help in their case. For Apple, additional devices would mean it can seek additional damages from Samsung.

As such, Apple is asking the court to include a few more smartphones and tablets that it believes infringe on its patents and dilute its trade dress. Some of these contentions involve devices that were not previously included, but are now added to the list of possibly infringing products after receiving an update to Android 4.1 Jelly Bean.

These devices are as follows:

  • Galaxy S3 with Jelly Bean update. While the Galaxy S3 was previously added in an earlier contention by Apple, the firm says the update only arrived on devices that its legal counsel examined just “earlier this month.”
  • Galaxy Note 2
  • Galaxy Tab 8.9 WiFi. The original patent infringement contentions were based on Android 3.0 Honeycomb, and the device was actually included in an earlier contention. But with the 4.0 Ice Cream Sandwich update, Apple wanted to include the updated devices in its list.
  • Galaxy Tab 2 10.1. In particular, Apple is targeting devices released with ICS begining November 9 and most recently November 21 this year.
  • Galaxy Rugby Pro, released on October 21.
  • Galaxy S3 Mini. The device was released in the UK earlier this month, but Samsung is yet to officially release it Stateside. But Apple says it has discovered the Galaxy S3 Mini is now for sale in the U.S., and so it wants to include the devices in its contention.

Another possibly important piece of information is that Apple wants to highlight that these devices (or updates) were released shortly after its launch of the fifth-generation iPod Touch, which Samsung also wants to include in its own contention. This makes it difficult for the court to allow Samsung to include the 5th-gen iPod touch in its contention without also allowing Apple to include the above-listed devices in their own due to untimeliness.

One other interesting point here is timeliness. FOSS Patents says the trial is set for March 2014, at which time a possible injunction would be rendered moot and irrelevant. But still, Apple’s aim here is to broaden the product base on which it can seek damages. In particular, Apple wants to include the devices updated with ICS or Jelly Bean in products it wants to charge damages for.

It will also be worth noting that Apple took care to avoid a direct attack on Google or Android, saying “Apple does not seek to accuse the Jelly Bean or the Ice Cream Sandwich platforms operating on any Samsung device.” This was due to the court not wanting Apple to bring sweeping infringement claims against Android itself without specifying Samsung products that are actually infringing.

But of course, these devices seem to be collateral damage in Apple’s “thermonuclear war” against Android, with the main target being the platform itself and Samsung, which is today’s biggest smartphone brand, thanks to Android.

  • Does anyone know exactly what aspects of ICS and JB Apple are actually targeting?

  • malibu

    Apple is dumb.. long as Google is around… don’t mess with the hand that feeds you.. duhh

  • I used to have an iPhone and now I have a Galaxy S3 and I think Apple is going “nuts”. What do they think?? That they are the best??? I did admired Steve Jobs for his creativity but with Cooks or whatever his name that Apple will loose on the long run to sue everyone, they just have to be more creative again, I can’t wait to see when the flexible display come on the market and then what… They will sue because it’s flexible!!! Come on Apple be realistic and move your a.. before you start loosing part of the market. It’s just my opinion and btw I still have an iPod and iPod nano but for the phone it’s a lot better with the Galaxy S3 and ANDROID OS

  • ugh…not this again…

  • steve.p

    Anyone seen a film called “pirates of silicon valley” the whole APPLE thing sucks because they started off robbing and stealing other companies technology and designs.

    • Do you have a link to that film? I’d like to check it out. Thanks!

  • IncCo

    And im sure they will want to add any other future samsung devices and updates as well. Crapple is just a shitty company.

  • Apple totally didn’t steal the pull down notification bar either.. /end sarcasm These idiots are retarded evidently. No ones going to mistake a much larger better phone for a smaller one that fits entirely inside it’s screen WITH an Otterbox on. (I checked, is true)

  • Ivan Budiutama

    Did they actually aware, that the more they go with this lawsuit approach the more damage they actually get than it will do any good for them? I mean, what are they trying to archive? they are fighting a loosing war at best. Nobody wins in the end and customers are the obvious victim.

  • So Apple is adding those phones because it has Jelly Bean and say it’s not Google’s fault it’s Samsungs fault because it has Jelly Bean in it. What do they want, Samsung changing to iOS.

  • William

    Is Apple smoking crack again? Seems every time I try to tolerate Apple, they(including it’s fans) end up pissing me off.

  • JustSumGuy

    Apple should change its name to iSueU
    its not like they ever actually invented anything physical anyhow, they just bundled existing hardware with their IOS and are sueing anyone or anything they can.
    The human experience dictates design, only Apple seems to think its their design.

  • OkIamJustKidding

    I have an iPhone 4s is there some way I can erase IOS on it and load Android?

  • OkIamJustKidding

    But really I wish someone would figure out how to do that……..