Bloomberg News

Apple Accuses Samsung in Complaint of Flooding Market

September 01, 2012

Apple Adds Samsung Galaxy S III Phone in Revised Suit

Samsung Electronics Co.'s Galaxy S III smartphones. Photographer: SeongJoon Cho/Bloomberg

Apple Inc., accusing Samsung Electronics Co. (005930) of flooding the market with “copycat products,” added the Galaxy S III smartphone to a list of products that it says infringe Apple patents.

Apple’s revised a complaint filed yesterday in federal court in San Jose, California, follows a $1.05 billion jury verdict against Samsung on Aug. 24. The jury, in a separate case in the same court, found that Samsung infringed six of seven Apple patents at stake in the trial. In that case, Apple seeks a U.S. sales ban on eight Samsung smartphone models and a tablet computer.

Apple, in yesterday’s filing, alleges Samsung continues to “flood the market with copycat products.” The maker of the iPhone has made similar allegations in the follow-on case before. In yesterday’s filing, Apple said Samsung has sold infringing products through August, including its “current flagship device, the Galaxy S III” smartphone.

U.S. District Judge Lucy Koh in San Jose ruled Aug. 28 that based on the Aug. 24 verdict, Apple’s request for a permanent ban on U.S. sales of eight Samsung mobile devices will be considered at a Dec. 6 hearing. The judge scheduled a hearing on Samsung’s request to lift a preliminary sales ban on the Galaxy Tab 10.1 Tab computer for Sept. 20, if she deems it necessary. Apple this week has contested the dates in court filings.

Samsung, which denied Apple’s infringement claims in a court filing in April, said in a statement today that it will take the “necessary legal measures” to keep its products available in the U.S., accusing Apple of seeking to “limit consumer choice.”

Smartphones, Players

These Samsung smartphones are named in the complaint: the Galaxy S III - Verizon, Galaxy Note, Galaxy S II Skyrocket, Galaxy S II Epic 4G Touch, Galaxy S II, Galaxy S II - T-Mobile, Galaxy S II - AT&T, Galaxy Nexus, Illusion, Captivate Glide, Exhibit II 4G, Stratosphere, Transform Ultra, Admire, Conquer 4G, and Dart smartphones. Other devices covered by the filing are the Galaxy Player 4.0 and Galaxy Player 5.0 media players, and the Galaxy Note 10.1, Galaxy Tab 7.0 Plus and Galaxy Tab 8.9 tablets.

In its revised complaint, Cupertino, California-based Apple seeks a finding that the products infringe its patents and an order barring Samsung from further infringement, plus monetary damages.

The case is Apple Inc. (AAPL:US) v. Samsung Electronics Co. Ltd., 12- cv-00630, U.S. District Court, Northern District of California (San Jose). The previous case is Apple Inc. v. Samsung Electronics Co. Ltd., 11-cv-01846, U.S. District Court, Northern District of California (San Jose).

To contact the reporter on this story: Joel Rosenblatt in San Francisco at jrosenblatt@bloomberg.net; Eunkyung Seo in Seoul at eseo3@bloomberg.net

To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net


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