The Korea Herald

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Samsung, Apple prepare for second U.S. patent litigation

By Korea Herald

Published : Nov. 16, 2012 - 20:21

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Even before finishing their first patent litigation battle in the U.S., Samsung Electronics and Apple are gearing up to face each other in another lawsuit in California involving their latest gadgets: the Galaxy S3 and iPhone 5.

According to Bloomberg on Friday, U.S. Magistrate Judge Paul Grewal ruled that Samsung could add Apple’s iPhone 5 to its patent infringement claims and Apple could put the Samsung Galaxy Note 10.1, the U.S. version of the Galaxy S3 and Google’s latest Jelly Bean mobile operating system on its patent infringement list.

However, the addition of the Jelly Bean operating system is limited to the mobile platform for Samsung’s Galaxy Nexus handset.

The magistrate judge’s ruling is a sign that the two rivals are planning to go ahead with another patent infringement dispute following the conclusion of the first litigation case at a court in San Jose, California.

“We’re currently in the process of tallying up the products and submitting the data for the second U.S. lawsuit, which is likely to begin next year,” said a Samsung official.

Apple had asked the court in San Jose to have the Galaxy S3 added to its patent complaint in August, followed by the Galaxy Note 10.1 and the 4.1 Jelly Bean platform in September.

Then Samsung Electronics made the move and filed a request with the same U.S. court on Oct. 1 to include the iPhone 5 to its own patent infringement list.

The second U.S. lawsuit targets Apple’s iPhones, iPad and iPod Touch devices and 19 Samsung gadgets, according to court filings.

The staging of another litigation battle comes in line with Samsung mobile chief Shin Jong-kyun’s hard-line stance on the matter.

On Wednesday, Shin ruled out the possibility that it would sign a licensing pact involving its global patent litigation with Apple.

He said Samsung has “completely no intention” of participating in negotiations with Apple when asked about its future road map involving the global patent battles staged in nine different countries.

In the meantime, a hearing for the two rivals’ first U.S. lawsuit is currently scheduled next month as Samsung is trying to fight a jury ruling that said Samsung infringed six of seven Apple patents and requested that Samsung pay $1.05 billion in damages.

By Cho Ji-hyun (sharon@heraldcorp.com)