Samsung has succeeded in getting the US sales ban on the Galaxy Tab 10.1 lifted – and is celebrating by having a pop at the iPhone 5 with yet another patent lawsuit.
According to Reuters, district judge Lucy Koh has concluded that there was no infringement of Apple’s design patent, allowing sales to resume in the run-up to the lucrative holiday season.
The ban had been in place since June, but no longer had any justification after a jury ruled at the end of August that Samsung wasn’t infringing the design patent concerned.
However, the ban can be reinstated on a permanent basis if Apple’s successful in its motion to overrule the jury decision.
And Samsung’s certainly not content to kick back and celebrate with a glass of champagne. It’s gone on the offensive once again, adding the iPhone 5 to the list of devices it says have infringed its own patents. Of these, two are standards patents and six relate to features.
The company was already alleging that the patents are infringed by other Apple products, including versions of the iPhone, the iPad and the iPod Touch. The case is due to come to court in 2014.
And, even before the iPhone 5 started to ship, Samsung alerted the court that it planned to add the device to the list.
“The iPhone 5 has the same accused functionality as the previously accused versions of the iPhone, so the proof of infringement of the patents-in-suit by the iPhone 5 is the same as for other Apple devices already accused of infringement in this litigation,” it says.
Interestingly, Samsung hasn’t chosen to attack the iPhone 5 over its 4G capabilities, which it has in the past claimed infringe on its patents – yet.