Doing what they have been threatening to do even before the iPhone 5 had been announced, Samsung have wasted little time in filing a court order against Apple over claims that the new iPhone has infringed their patents.
During the lawsuit against Samsung from Apple earlier this year Samsung filed a claim that Apple had infringed their patents, but the case was thrown out by all the judges. This new filing is linked to the earlier claims, although if it is viewed in the same light as it was earlier in the year then Samsung hold little hope of successfully suing Apple.
Samsung said :
“The iPhone 5 has the same accused functionality as the previously accused versions of the iPhone, so the proof of infringement of the patents-in-suit by the iPhone 5 is the same as for other Apple devices already accused of infringement in this litigation”.
If the Korean company do lose then will this put an end to this ongoing battle? If they win can we expect another court case from Apple? How far will these companies go to push each other in the battle of becoming the top smartphone ?
Samsung is obviously still smarting over being branded a copycat company and issued the following statement to The Verge :
“We have always preferred to compete in the marketplace with our innovative products, rather than in courtrooms. However, 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”.
The first line is somewhat at odds with reality as, regardless of personal opinions on the lawsuit, a judge ruled that Samsung’s designs were not innovative and did, in fact, copy the iPhone enough for Apple to be awarded $1 billion in damages.
If Apple are copying Samsung and infringing patents then they deserve this lawsuit. However, if Samsung are only trying to regain some of their lost money and credibility then they have only themselves to blame if the court proceedings turn sour and they end up, yet again, on the receiving end of Apple’s anger.
The iPhone 5 will only officially be added onto the list of infringing products after a November 6th hearing with Judge Grewal.