Samsung’s lawyers are itching to file a motion that could see the iPhone 5 banned in the US.Even before the smartphone was launched, Samsung’s lawyers were getting ready to file a notice claiming it infringes their 4G LTE technology. The only thing the Koreans are waiting for is for the iPhone 5 to be released so they can rip it apart and assess its components.
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.
Samsung is hoping the new iPhone uses the same 4G LTE technology as the Apple iPad, and if it does, will motion to have it added to their ‘Please Ban’ list.
According to GSMArena, Apple won’t be taking the hit lying down either. Apple’s lawyers are now targeting Android’s Jelly Bean with the aim of proving its core functionality infringes their patents.
A hearing is scheduled before Judge Lucy Koh on Wednesday the 26th of September to discuss the matter further.
Samsung Australia could not comment at the time of publication.
