Yesterday evening Samsung asked Judge Paul Grewal to allow them to include the iPhone 5 in their countersuit against Apple. Recently a jury in California awarded Apple $1.049 billion from Samsung as part of their patent lawsuit against them. In another case, Apple is accusing over 20 Samsung devices of violating different patents including the Galaxy S III and the Galaxy Nexus.
Samsung alleges that Apple is infringing on their patents on the iPhone, iPad, and iPod Touch. Samsung said that the iPhone 5 is infringing the same patents as the other devices. These patents include 3G standards-essential patents and specific feature patents. The iPhone 5 will not be officially added until the parties have a hearing with Judge Grewal on November 6th. Fortunately for Samsung Judge Lucy Koh recently dissolved a preliminary injunction against the Galaxy Tab 10.1. The following statement was given in regards to the Tab 10.1.
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.