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

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Joel Rosenblatt and Pam MacLean

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Samsung's Galaxy Note 10.1 ... infringes on patents, says Apple.

Samsung's Galaxy Note 10.1 ... infringes on patents, says Apple.

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On October 1, Koh rescinded a ban on US sales of Samsung's Galaxy Tab 10.1 that she imposed in June, deciding there were no grounds for keeping the preliminary injunction in place after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.

Bloomberg

6 comments so far

  • The sooner Apple is recognised as a vexatious litigant the better for everyone. All they want to do is stymie the competition and prop up their waning empire.

    Commenter
    SKay
    Date and time
    November 07, 2012, 11:02AM
    • this says it all

      Commenter
      samsung is better apple is bitter
      Date and time
      November 07, 2012, 12:42PM
      • I used to be a fan of Apple - but no more. This is litigation taken to the absurd

        Commenter
        mjake
        Location
        Melbourne
        Date and time
        November 07, 2012, 2:20PM
        • Bye bye Apple - all your are doing is trying to stymie everyone else's development of new products by patenting stupid things like shape, curves, colour "pinching" and now drawing on the screen!
          In taking this approach you are effectively turning those who may have come over to your products away - including me!
          Work on your MAPs and the other technical issues you have instead of in the court rooms!
          I believe in Karma - your day will come as the result of trying to exploit every little issue in an attempt to stifle competition of those who have superior, fairly priced and value for money products.

          Commenter
          Bunter
          Date and time
          November 07, 2012, 4:35PM
          • Sounds like a lovely little self-perpetuating earner the lawyers have got going here... they win even when they lose... just move on to the next court and when they run out of appeals they go after the latest version of hardware and software.

            Commenter
            GlassHalfEmpty
            Date and time
            November 10, 2012, 3:58PM
            • I reckon Apple is scared to death since Steve is no longer with them. They can no longer create new stuff. All they do now is prolonging the product life cycle. We can see this with ipad mini. When Steve rejected the idea of a 7" tablet, Tim ended up creating one just to make the shareholders happy. And what is even worst, it doesnt have retina display simply to be able to create Ipad mini 2 with retina display.

              So long apple, you are now no longer a pioneer of product, you are simply another IT company.

              Commenter
              Uknown
              Date and time
              November 14, 2012, 1:58PM

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