Samsung launches patent attack on iPhone 5

patent lawsuit infringement wars legal

The ongoing patent war between Samsung and Apple took a new turn yesterday as Samsung added the iPhone 5 to a lawsuit alleging several Apple devices infringe on eight Samsung patents. Just before hearing that Judge Koh had lifted the sales ban on the Samsung Galaxy Tab 10.1 Samsung’s lawyers submitted an amendment to their April lawsuit against Apple. The iPhone 5 joins a list which includes, but is not limited to, the iPhone 4S, iPhone 4, the new iPad, and the iPad 2.

This paves the way for Samsung to seek a sales ban on Apple’s flagship device. In a statement to Reuters the South Korean company said, “…we have little choice but to take the steps necessary to protect our innovations and intellectual property rights.”

All eight of the patents are described in detail at FOSS Patents. One of them was originally included and later withdrawn from Samsung’s counterclaims surrounding the California trial, which is still the subject of debate for both companies, as Samsung seeks a mistrial and Apple seeks more money.

Two of the patents are FRAND-pledged patents, but the other six are not. This isn’t the only threat that Apple faces as HTC has LTE patents that it is also alleging that the iPhone 5 infringes. Could the iPhone 5 be banned? It’s not likely, but we’ll keep you posted.

We’ve reached out to both Apple and Samsung for comment, but have not heard back as of the time of publication.

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