US judge grants Samsung inclusion of iPhone 5 in lawsuit, but not without cost


The legal spats between Samsung and Apple are seemingly endless (and Samsung’s JK Shin assured us they wouldn’t be backing down anytime soon), and now things have escalated to an even higher level here in the United States. A US judge granted Samsung the inclusion of Apple’s iPhone 5 in a patent trial that could go either way.

If you don’t remember, Samsung is suing Apple over telecommunications patents, something Apple will find a hard time convincing courts they’re not infringing. Apple might have an edge there considering the patents could be considered enforceable only under FRAND rules, but regardless Samsung should be able to eek out a win there.

But Samsung wasn’t was also stung when the same judge granted Apple the inclusion of Samsung’s Galaxy Note 10.1 tablet, the US version of the Samsung Galaxy S3 and Jelly Bean on the Galaxy Nexus in its side of the lawsuit, bringing the number of devices Apple’s targeting up to 20.

These are some of Samsung’s biggest devices on the market so it’s a significant development that could threaten Samsung’s most lucrative goings-on right now. The company recently announced sales of its Samsung Galaxy S3 smartphone eclipsed 30 million, and with the holiday season in full effect that number is expected to increase without much effort on Samsung’s part.

Apple is seeking a ban on these devices on grounds of patent infringement, and some were targeted in a lawsuit Apple brewed up last year claiming Samsung’s products blatantly copied Apple’s in the “look and feel” department. “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,” said Samsung.

We’re a bit of ways away from a significant ruling (and one that will stick for the long term) and it’ll be tough to predict which way this one will swing when it’s all said and done. Who do you have in this heavyweight bout to the finish?

[via WSJ]

Quentyn Kennemer
The "Google Phone" sounded too awesome to pass up, so I bought a G1. The rest is history. And yes, I know my name isn't Wilson.

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  1. While I enjoy Apple getting a taste of their own medicine… I just want all this nonsense to go away.

  2. “Apple is seeking a ban on these devices on grounds of patent infringement”
    If I was the judge, I would have to tell Apple if I banned the Samsung devices pending the result of the lawsuit, I would have to ban the sales of Apple devices that Samsung indicates is infringing on patents as well.

    1. Judges in the US, like Koh, are sympathetic to Apple. There is also the fact that some Americans hear China is taking over the US through corporate buyouts of our media and telecomm, which is all true, but they assume any Asian company is probably just as bad (or Chinese). Guaranteed if you ask 100 people on the street where Samsung is from, they’ll either say Japan or China.

      1. Apple is made in China….Samsung is made in South Korea.

  3. “Apple might have an edge there considering the patents could be considered enforceable only under FRAND rules, but regardless Samsung should be able to ***eek*** out a win there.”

    The word is “eke,” unless you meant that Samsung is going to scream a win.


      1. Not in the context of the sentence. Otherwise, it’d be an assault on sentence structure, not spelling. Which makes it worse.

    1. I think you need a hobby. You read this whole article and all you could come up with to post was some annoying grammar Nazi crap?

  4. The title makes no sense. The title implies the inclusion of the iPhone 5 had a direct effect to Samsung’s legal battle in the case or to their company due to the inclusion and only the inclusion.

    1. I didn’t see that as being implied. You are trying to hard, Salad.

  5. Ban Samsung and Apple from the courts. DONE!! Sorry Samsung but it’s only fair. Apple is being ridiculous. If they ban the Galaxy Nexus a war will start. They have no idea what they’re doing.

    1. I agree, though Apple would rather choose constant lawsuits on both sides vs no lawsuits on both sides. Luckily they can’t get away with suing everyone but not being sued themselves, but the US let’s them get away with just about everything else. If both sides were banned from the courts Samsung would do just fine, Apple obviously feels like they need these lawsuits to survive. Apple is still selling well, but for how long.

    2. Galaxy Nexus is already not being sold anymore by google. How much backlash can come of it? What people that want a free GN on Verizon for another 2 years? I doubt that.

      1. Weve seen what the US court system can accomplish, it won’t be long before Nexus devices are included from all manufacturers. “They’re running the same patent infringing OS”

  6. Just when you thought AAPL stock couldn’t tank any harder…

  7. The only way to win this game…is to stop playing.

  8. Just want to point out that the Judge ruled Apple could not add “Jellybean as an O/S” to the trial, which Apple was trying to do. I realize that the Galaxy Nexus does have Jelly bean available now, but I think the judge made it clear that Jellybean is not on trial here, the Samsung Galaxy Nexus device is.

    1. be hard to sue Samsung for jellybean add a while considering the os itself is property of google. If Apple is using the Galaxy nexus for software related issues, that should go against Google not Samsung.

  9. i hate apple

  10. Samsung: great screens, flimsy build qualofty ity. Moto: great build,lousy screens. HTC/LG

    1. IPS LCD is much better then amoled. That is why the one x has the best screen according many reviews.

  11. Wasn’t was?

  12. How smart is it that Apple sues Samsung considering Apple uses Samsung chips in their stuff?
    Apple wins a lawsuit, Samsung jacks up the price of the chips Apple uses.
    Seems fair to me.

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