Court documents filed by Samsung revealed that it plans to add the iPhone 5 to its existing patent lawsuits against Apple, according to Reuters.
A Samsung rep confirmed the report offering the following statement:
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.
Reuters quotes the following language from the filing:
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. 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’s move comes after a California jury ruled in favor of Apple last month, awarding $1 billion in damages in a case in which Samsung accused the company of infringing on various smartphone and tablet-related patents. Samsung has vowed to fight that ruling.
It’s unclear whether Samsung will seek an injunction for iPhone 5 sales to counter sales injunctions initiated by Apple. (The Samsung rep declined to comment.) Apple blocked sales of the Galaxy Tab 10.1 in the U.S. this summer because of alleged infringements on iPad patents — a decision a federal judge upheld this week.
However, Gerry Elman, president of Elman Technology Law and a patent attorney, said the odds of Samsung actually blocking sale of the iPhone 5 are “pretty darn remote.” Elman said since the Supreme Court’s in the 2006 eBay v. MercExchange case, injunctions have become harder to implement, particularly if the defendant can prove that blocking the sale of an item would be against the public’s interest.