Samsung has succeeded in adding the iPhone 5 to its upcoming patent infringement trial with Apple, and now it’s going for a legal hat trick by getting the latest iPads and the iPod touch added to the docket.
“Good cause exists to amend Samsung’s contentions because Apple’s new products were not yet available when Samsung submitted its original contentions on June 15, 2012 or its first Motion to supplement its infringement contentions on October 1, 2012,” Samsung said in its motion. “… The iPod Touch 5, iPad 4, and iPad Mini have the same accused functionality as the versions of the iPod Touch and iPad that are already part of this case. As such, the proof of infringement of the patents-in-suit by the iPod Touch 5, iPad 4, and iPad Mini will be substantially the same as for other Apple devices already accused of infringement in this litigation.”
The motion was filed just prior to the Thanksgiving holiday.
What Samsung is claiming in its legalese is that if earlier versions of Apple’s iOS device infringe, then the newer ones are likely to be doing the same thing.
Magistrate Judge Paul Grewal seems to be leaning toward granting their argument, since when he added the iPhone 5 go the suit last week, he warned Apple against fighting future requests to add the new iPads. Grewal said the court would look badly on Apple opposing any future amendments reflecting newly released products, such as the 4th-generation iPad and iPad mini.