In its ongoing second major patent trial against Samsung, Apple yesterday filed a statement with the US District Court in California claiming that after examining the recently released Galaxy S4 it has “concluded that it is an infringing device and accordingly intends to move for leave to add the Galaxy S4” to its long list of 22 infringing products. Apple is hoping Judge Lucy Koh allows the S4 to be added, but in line with the court’s request to reduce the number of infringing devices ahead of a trial scheduled for spring 2014, Apple has also agreed to remove without prejudice one of the other 22 infringing devices from Samsung it currently has listed.
Apple’s current list of infringing Samsung products include Admire, Captivate Glide, Conquer 4G, Dart, Exhibit II 4G, Galaxy Nexus, Galaxy Note, Galaxy Note 10.1, Galaxy Note II, Galaxy Player 4.0, Galaxy Player 5.0, Galaxy Rugby Pro, Galaxy SII, Galaxy SII Epic 4G Touch, Galaxy SII Skyrocket, Galaxy S III, Galaxy Tab 7.0 Plus, Galaxy Tab 8.9, Galaxy Tab 2 10, Illusion, and Stratosphere.
The filing also highlights a disagreement in which Samsung believes each carrier variant of a specific device should be counted separately. For example, “the Galaxy Nexus activated on Sprint must be counted separately from the Galaxy Nexus activated on Verizon; and the Galaxy Nexus operating on Sprint running Android version 4.0 must be counted separately from the Galaxy Nexus operating on Sprint, but running Android version 4.1.” Apple, however, claims that Samsung has not itself applied this logic:
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But Samsung’s list of products does not separately count the iPhone 4S offered on AT&T from the iPhone 4S offered on Verizon or on any other carrier. Neither does Samsung separately count the iPhone 4S running iOS 5, from the iPhone 4S running iOS 6. The same is true for the other iPhone products. Samsung’s approach to the iPhone properly matches Apple’s approach to the Samsung Galaxy phones. Finally, with respect to accused Apple products other than iPhone, iPad, iPod touch, and Apple TV, Samsung continues to identify entire product lines as single accused products in an attempt to circumvent the Court’s limit on accused products. For example, Samsung continues to accuse all computers in the MacBook Air product line as a single accused product and all computers in the MacBook Pro product line as a single accused product.
Apple’s filing didn’t specify which infringing device it would seek to eliminate in order to make room for the Galaxy S4.