The iPhone 5 hits stores tomorrow and while Apple Fans are excited, their main competitors plans on taking the tech giant to court over LTE. Will this be the case Samsung finally wins
“Samsung anticipates that it will file, in the near future, a motion to amend its infringement contentions to add the iPhone 5 as an accused product. On September 12, 2012, Apple announced that it will release the iPhone 5 on September 21, 2012. Based on information currently available, Samsung expects that the iPhone 5 will infringe the asserted Samsung patents-in-suit in the same way as the other accused iPhone models. Samsung plans to file a motion to amend its infringement contentions to address the iPhone 5 as soon as it has had a reasonable opportunity to analyze the device. Because Samsung believes the accused functionality of the iPhone 5 will be similar to the accused functionality of other accused Apple products, Samsung does not believe that amendment of its infringement contentions should affect the case schedule.”
The filing was jointly made by Apple and Samsung in their secondCalifornia litigation, which started this year and is currently scheduled to go to trial in March 2014.
After bringing formal infringement contentions, Samsung couldask for a preliminary injunction against the iPhone 5. It does not mention that possiblity, but it’s a procedural fact that apreliminary injunction can only be requested in connection with a lawsuit that will result in either the dissolution of the preliminary injunction or its conversion into a permanent one.
