Samsung in August was found guilty of infringing on Apple's design patents for the iPhone and iPad, but it appears the legal battle between the tech giants is far from over.
According to a report from Bloomberg, a second patent lawsuit in the U.S. has been filed by both Apple and Samsung, this time with each company targeting the other's newer mobile devices. Samsung, for its part, is accusing Apple's new iPhone 5 of patent infringement, while Apple has added new infringement claims against Samsung's Galaxy Note and the U.S. version of its Galaxy S III smartphone.
Apple also has filed a claim against Google's latest Android operating system, dubbed Jelly Bean, according to Bloomberg's report. U.S. Magistrate Judge Paul Grewal ruled, however, that Apple's claims against Jelly Bean can only apply to its use on Samsung's Galaxy Nexus, a smartphone that is co-branded with Google.
[Related: Apple, HTC Settle, Sign 10-Year Licensing Agreement]
These new filings come just three months after the first U.S. trial between the two companies was put to rest in Apple's favor. Samsung, after being found guilty of infringement, was ordered in August to pay its rival $1.05 billion in damages.
This second U.S. lawsuit is scheduled for trial in 2014 and will focus on smartphones and tablets that have been introduced by the two companies since the filing of their initial lawsuit in April 2011. According to Bloomberg, the case will examine Apple's newer iPhone, iPad and iPod Touch devices and 19 Samsung devices.
Meanwhile, Samsung and Apple are slated to return to U.S. District Court in December, as an extension of their first U.S. trial, presided over by Judge Lucy Koh. Apple is attempting to again ban U.S. sales of Samsung's Galaxy Tab 10.1 tablet, the top competitor to its popular iPad. A ban against the Galaxy Tab 10.1 already had been established early this year but was dissolved in October by Judge Koh, after the Northern California jury ruled the tablet did not infringe on Apple's designs.
In addition to the Galaxy Tab 10.1, Apple will seek in December to ban eight Samsung smartphones from U.S. shelves, while Samsung will attempt to overturn the August ruling in Apple's favor.
PUBLISHED NOV. 20, 2012
