If you somehow thought the new iPhone 5 would escape the wrath that is the Apple v. Samsung patent war, prepare to be mistaken. A U.S. court filing uncovered by Reuters reveals that “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.”
The filing comes a week after Apple announced the iPhone 5, which hits stores on Friday. Apple says it sold more than 2 million iPhone 5 units within the first 24 hours after the device became available for pre-order on September 14.
“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,” reads the filing, which was submitted to the U.S. District Court for the Northern District of California late Wednesday. “Samsung plans to file a motion to amend its infringement contentions to address the iPhone 5 as soon as it has had a reasonable opportunity to analyze the device.”
Samsung and Apple are currently embroiled in patent lawsuits in 10 countries around the world.
In a separate statement, Samsung asserted that “Apple continues to take aggressive legal measures that will limit market competition. Under these circumstances, we have little choice but to take the steps necessary to protect our innovations and intellectual property rights.”
Apple Korea responded to Samsung’s latest pushback, saying that the company values “originality and innovation,” and that it makes “products to delight our customers, not for our competitors to flagrantly copy.”
Apple won a sweeping $1.05 billion victory over Samsung at the end of August when a court decided that Samsung had violated a number of its design and software patents.
The court also ruled that Apple had not violated any of Samsung’s patents, a decision that has clearly not stymied Samsung’s commitment to fighting back against Apple.
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