Technology Patent War: Apple vs. Samsung

Last year Apple Inc filed a lawsuit against Samsung Electronics Co Ltd claiming patent infringement. This ongoing trial is one of the largest-ever patent cases, which has the possibility to change the fast-moving technology and markets of world. Apple claims that Samsung’s smartphones and tablets are imitations of Apple’s iPhone and iPad. Apple recently obtained a courtroom victory over Samsung that resulted in $1.05 billion.

Apple accused Samsung of infringing patents in more than 20 phones, such as the Galaxy S3 and Galaxy Nexus. Samsung counterclaimed that the iPhone 4, iPhone 4S, iPad 2, the new iPad, and iPod touch products infringed their patents.

Now, Samsung is seeking an amendment to this lawsuit that was initially filed in April to include Apple’s iPhone 5. The motion to include  Apples iPhone 5 comes one day after Judge Lucy Koh dissolved the US sales ban on Samsungs Galaxy Tab 10.1.

The trial is taking place in a federal court in San Jose, California. Both sides looking for financial indemnities from the other and there is a possibility for permanent sales bans against some of Samsungs products, making the stakes are great. Apple wants a minimum of $2.53 billion in reparations from Samsung. The amount could triple if Judge Lucy Koh finds Samsung guilty of taking Apple’s ideas.

In past years Samsung has promptly surpassed Apple, becoming the world’s largest smartphone maker. Steve Jobs, Apple Inc fofounder told biographer Walter Iaacson, “I’m going to destroy Android, because it’s a stolen product.”

In June, the same judge granted a preliminary injunction on the tablet believing that it had infringed on the hardware design of Apple’s iPad. The jury found that Samsung’s device had infringed on  patents from Apple, but nothing relating to hardware design. As a result, Samsung asked to court to lift the sales ban. In July 2012, UK Judge Colin Biriss ruled that the Galaxy Tab does not infringe on Apple’s iPad.

Although Samsung is requesting that the iPhone 5 be included in its counterclaims, Samsung will have to wait until a hearing scheduled for Nov. 6 with Judge Grewal. Apple will have to respond to Samsung’s claims before the discovery phase of the case closes on June 8, 2013. So, we will have to wait and see whether the court will grant the motion to include the counterclaim to include the Iphone 5.