In what may be the biggest legal battle in tech, Samsung has fired another shot at rival Apple, this time targeting its flagship iPhone 5. In a court filing on Monday night, the Korea-based company asked Judge Paul Grewal for permission to include Apple’s latest smartphone in a countersuit claim.
The iPhone creator recently held a courtroom victory over Samsung that resulted in $1.05 billion, but this current case is dealing with an entirely different legal debacle.
In August, Apple has accused Samsung of infringing upon a different set of patents in more than 20 proprietary devices, such as the fast-selling Galaxy S3 and Galaxy Nexus, according to The Verge. Samsung previously aimed its counterclaims at the the iPhone 4, iPhone 4S, iPad 2, the new iPad, and iPod touch products, but now, the company is seeking an amendment to this lawsuit that was initially filed in April to include Apple’s iPhone 5.
“The iPhone 5 has the same accused functionality as the previously accused versions of the iPhone," Samsung wrote in its newest filing. “So the proof of infringement of the patents-in-suit by the iPhone 5 is the same as for other Apple devices already accused in this litigation.”
Samsung’s gripes against Apple were originally believed to stem from the iPhone 5's support for LTE, as the Galaxy-brand manufacturer made a threat last month mentioning the long-term evolution network. However, CNET reports Samsung’s recent lawsuit did not address 4G LTE integration in any of its eight patents. The company’s case consists of six utility patents and two standard essential patents unrelated to its LTE patent portfolio.
“We have always preferred to compete in the marketplace with our innovative products, rather than in courtrooms,” Samsung said in a statement to The Verge. “However, 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.”
HTC was also prepared to take legal action when the iPhone 5 was introduced, as the company had previously accused Apple of infringing upon two patents it owns for transmitting large amounts of data. Apple had attempted to get these patents invalidated in fear that it could lead to a sales ban on its iPhone 5 and newest iPad, according to Bloomberg.
In the most recent case against Apple, Samsung could be relishing confidence from its legal victory that took place just yesterday. The attack on Apples iPhone 5 comes one day after Judge Lucy Koh dissolved the US sales ban on its Galaxy Tab 10.1.
In June, the same judge granted a preliminary injunction on the tablet believing that it had infringed on the hardware design of Apple’s iPad. The jury found that Samsung’s device had infringed on intellectual property patens from Apple, but nothing relating to hardware design. As a result, Samsung requested that this sales ban be lifted.
Back in July, UK Judge Colin Biriss ruled that the Galaxy Tab does not infringe on Apple’s iPad because Samsung’s device isn’t as well-designed.
“They are not as cool,” Biriss said in the ruling, referring to the Galaxy Tab.
Although Samsung is requesting that the iPhone 5 be included in its counterclaims, the company will have to wait until a hearing with Judge Grewal scheduled for Nov. 6. Apple does not need to respond to Samsung’s claims for approximately another nine months, as the discovery phase of the case closes on June 8, 2013.
Lisa Eadicicco is a reporter covering mobile technology and video games for The International Business Times. Lisa joined the editorial team at IBT in January 2012, and has...