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News |  03 Oct 2012 21:30 |  By RnMTeam

Samsung drags Apple iPhone 5 in patent infringement lawsuit

MUMBAI: After winning US District court order of lifting a ban on Galaxy Tab 10.1 US sales, Samsung Electronics has once again escalated a global fight on Apple iPhone 5 for the infringement of its patent.

Samsung has filed a motion in a US federal court on Monday to add Apple's latest smartphone, the iPhone 5 to its second lawsuit filed against Apple on 18 April 2012, the company said in a statement. The case in which Samsung added the iPhone 5 claims is scheduled for trial in 2014. Samsung’s original complaint identifies the same eight patents as the basis for alleging infringement by earlier iPhone models, as well as the iPad and iPod Touch.

Samsung stated, "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."

Earlier US court dissolved a preliminary injunction banning sales of Samsung's Galaxy Tab 10.1. In the ruling, US District Judge Lucy H Koh mentioned that the basis for the injunction no longer exists. As in August, jury found that Samsung did not violate the ‘D'889’ design patent. Koh also ruled that $2.6 million bond posted by Apple as a condition of obtaining the preliminary injunction will not be released until post-trial motions are resolved.

"We are pleased with the court's action today, which indicates our position that there was no infringement of Apple's design patent and that an injunction was not called for," Samsung said in a statement.

It seems like Apple is witnessing hustles not only in the mobile markets but also in the court of law. Apart from Samsung, Motorola has also filed a round of patent infringement claims against Apple back in August for seeking an import ban on the iPhone and the iPad. But in a recent filing the company has withdrew the complaints.

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