Apple Inc. added Samsung Electronics Co.’s Galaxy S III smartphone to a revised a complaint that accuses the South Korean phone-maker of flooding the market with “copycat products” that infringe Apple patents.
The filing today in federal court in San Jose, California, follows the $1.05 billion jury verdict on Aug. 24 finding that Samsung infringed six of seven Apple patents at stake in a trial in the same court. In that case, which is separate, Apple seeks a U.S. sales ban on eight Samsung smartphone models and a tablet computer.
Apple, in today’s filing, alleges Samsung continues to “flood the market with copycat products.” The Cupertino, California maker of the iPhone has made similar allegations in the follow-on case before. In today’s filing, Apple said Samsung has sold infringing products through August 2012, including its “current flagship device, the Galaxy S III” smartphone.
U.S. District Judge Lucy Koh in San Jose ruled Aug. 28 that based on the Aug. 24 verdict, Apple’s request for a permanent ban on U.S. sales of eight Samsung mobile devices will be considered at a Dec. 6 hearing. The judge scheduled a hearing on Samsung’s request to lift a preliminary sales ban on the Galaxy Tab 10.1 Tab computer for Sept. 20, if she deems it necessary. Apple this week has contested the dates in court filings.
Smartphones, Players
These Samsung smartphones are named in today’s filing: the Galaxy S III – Verizon, Galaxy Note, Galaxy S II Skyrocket, Galaxy S II Epic 4G Touch, Galaxy S II, Galaxy S II – T-Mobile, Galaxy S II – AT&T, Galaxy Nexus, Illusion, Captivate Glide, Exhibit II 4G, Stratosphere, Transform Ultra, Admire, Conquer 4G, and Dart smartphones. Other devices covered by the filing are the Galaxy Player 4.0 and Galaxy Player 5.0 media players, and the Galaxy Note 10.1, Galaxy Tab 7.0 Plus and Galaxy Tab 8.9 tablets.
Adam Yates, a spokesman for Suwon, South Korea-based Samsung, didn’t immediately respond to an e-mail after regular business hours seeking comment on the filing.
The case is Apple Inc. v. Samsung Electronics Co. Ltd., 12- cv-00630, U.S. District Court, Northern District of California (San Jose). The previous case is Apple Inc. v. Samsung Electronics Co. Ltd., 11-cv-01846, U.S. District Court, Northern District of California (San Jose).
–Editors: Michael Hytha, Sylvia Wier
To contact the reporter on this story: Joel Rosenblatt in San Francisco at jrosenblatt@bloomberg.net
To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net
