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Apple says Samsung's Galaxy Note, Jelly Bean infringe patents

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Apple says Samsung's Galaxy Note 10.1 device infringes its patents, and has sought to add the Android 4.1 Jelly Bean operating system to an existing lawsuit against Samsung.

Apple made the arguments today to US Magistrate Judge Paul S. Grewal in federal court in San Jose, California. Apple's bid to expand the lawsuit follows Samsung's October 1 move to add patent-infringement claims against the iPhone 5 in the same case. Apple won a $US1.05 billion jury verdict against Samsung on August 24 in a separate patent case in the same court.

Filings by both companies in their two cases before US District Judge Lucy Koh show no let-up in their battle on four continents to retain dominance in the $US219 billion global smartphone market.

In August, Samsung began US sales of the Galaxy Note 10.1, equipped with a stylus — a feature Apple's iPad doesn't offer, and which builds on Samsung's Galaxy Note 5.3, a similarly stylus-equipped smartphone that came out earlier this year. Jelly Bean is Google's latest version of the Android operating system that runs on Samsung mobile devices as well as Google's Nexus 7 handheld computer, which was released in June.

On October 1, Koh rescinded a ban on US sales of Samsung's Galaxy Tab 10.1 that she imposed in June, deciding there were no grounds for keeping the preliminary injunction in place after jurors concluded in their August 24 verdict that Samsung didn't infringe the Apple design patent that was the basis for the injunction.


Apple, based in Cupertino, California, contended the ban should remain in place because the jury found the Galaxy Tab infringed other patents at issue in the case.

2014 trial

The case in which Apple added the Galaxy Note 10.1 and Jelly Bean operating system is scheduled for trial in 2014.

Apple already has won a preliminary order from Koh blocking US sales of Samsung's Nexus smartphone. In August, Apple added the Galaxy S III smartphone to its list of products that it says infringe its patents.

In the previous patent lawsuit between the two companies that went to trial in July, the jury found that Suwon, South Korea-based Samsung infringed six of seven Apple patents at stake.

Koh has scheduled December hearings in that case to consider Apple's request for a permanent US sales ban on eight Samsung smartphone models and the Tab 10.1. She will also consider Samsung's bid to get the August verdict thrown out based on claims of juror misconduct.