Galaxy S4 outside Apple Store

Apple says Samsung's new flagship smartphone "is an infringing device"

Apple will move to have the Galaxy S4 added to its patent infringement case against Samsung, court documents reveal. In documents filed with the U.S. District Court in California and published by The Verge, Apple says it has examined the handset and "concluded that it is an infringing device." As such, it will add the GS4 to its list of infringing products, but remove one of the existing 22 so as to abide by the court's request that it limit the number of claims and devices.

The list currently includes such phones as the Galaxy Nexus, Galaxy Note, Note 2, Note 10.1, U.S. Galaxy S2 models and the Galaxy S3.

Apple's statement reads --

Samsung recently released its newest smartphone, the Galaxy S4, which began shipping in late April 2013. Based on Apple’s analysis of the Galaxy S4, Apple has concluded that it is an infringing device and accordingly intends to move for leave to add the Galaxy S4 as an infringing product. Upon the grant of such motion, Apple will eliminate (without prejudice) one of the Accused Products named herein, so that it will continue to accuse only 22 products of infringement at this stage of the litigation.

It's not surprising to see Apple seeking to bring the year's most high-profile Samsung phone into its patent dispute. The Cupertino company (unsuccessfully) sought an injunction to block the U.S. launch of the Galaxy S3 last year, and it's since added big-name products like the Galaxy Note 2 and Note 10.1 to its list of infringing devices. For its part, Samsung counterclaims that Apple products including the iPhone and iPad infringe upon its patents.

The second Samsung versus Apple patent trial is due to take place next spring. We're already on the edge of our seats.

Source: U.S. District Court DocsThe Verge

 

Reader comments

Apple looks to add Samsung Galaxy S4 to patent infringement suit

115 Comments

apple don't think that is fair that Samsung is so far ahead of them that it would take them about 10 years just to catch Samsung.

Apple is looking to sue Samsung because the have a patent on the letter "a". In the U.S. Samsung will lose but overseas they'll win. Nostradamus talked about this.

I don't see Samsung losing this at all anywhere. The courts are already overturning the rulings and experts are saying further cases will be tossed as well.

Imagine if the first person who made a table tried to patent it. How about instead of complaining that you made the first full touch phone and that everyone copied it you concentrate on making your product better; because you still haven't made an iPhone that you can hold without it uncomfortably jabbing into your hands.

Apple didn't make the first touch screen. Lol not even close. Lg parada came out before the iphone. And the symbian came out in 2000. Apple hasnt invented any of the things people think it has.

Another reason to dislike iCrapple. Instead of suing everyone, do something new. The iCrap is going the way of the dinosaurs.

Crapple: Your honor we would like to include any future devices Samsung will release in the future in the lawsuit.

As pathetic as this is, it shouldn't surprise anyone. However, I still have to ask the question: What's their argument? How does the Galaxy S4 infringe on the iPhone? The two look nothing alike.

Apple is afraid, simply put. This and many other factors are why I will never purchase any Apple products.

I dont think people are surprised just very very disappointed. apple created a device that changed the world, ill give them that. but instead of welcoming competition as a driving force for bigger and better things they try to sue everyone. when they sued originally it was because they were worried that people will wise up and realize apple keep pushing the same crap every year and slaps a higher price tag. now they hope to actually stop production. the courts wont go for it a second time

Im sorry but apple didn't create anything that changed the world. The smart phone was already here. Touchscreen....apps...all that. All apple did was advertise and market. Steve was great at marketing. That's all he was able to do and he did it well. But apple didnt creat or change anything. Stop promoting the falsehood. Let the lie stop.

Exactly, the first actual smartphone was introduced 15 years before the first iphone. It was created by IBM and marketed by BellSouth. It was called the Simon personal computer. Then in 96 the first real smartphone as we would consider it today was introduced by Nokia and called the Nokia 9000. In 2001 Palm created their first smartphone and in 2004 HP did the same. The ifauxn didn't come out until 2007. They had 15 years to look at other iterations and steal from them.

Yes and I would also like to add that for most the years that everyone was claiming that Apple sold more smartphones than any other company was also a lie. It was Nokia.

Yeah ok --- because the iPhone wasn't a revolutionizing device that turned all the competitors upside down making way for the devices we have today. Get real. It's fine to love Android, it's another to deny history because it wasn't Android that changed the world of mobile devices.

Buddy Androids history is being made at this very moment. And you are right, Android hasn't changed the world of mobile devices. Android devices are changing the world. It's all happening right now. The impact that Apple had pales in comparison.

Yea. The only thing I can think of is that Apple wants to cash in on Samsung letting their guard down by going back to symmetry. As an S3 owner the shape has always annoyed me a bit. With Samsung moving back to the rectangle with rounded corners design on their flagship device, Apple probably sees another opening. As it stands, I blame Apple for the lack of a plain black Samsung in recent releases.

Let's see:waste money on another lawsuit, or put money into R&D, Lawsuit! No wonder Apple's market share and stock is steadily decreasing.

Samsung is blowing Apple (and everyone else) away right now. Of course they will be the target of everyone. You make a great product and people want a piece of it.

IIRC, Palm had a rectangular touchscreen device long before Apple did. Apple might want to carefully examine their own history, specifically when they tried to sue Microsoft over Windows when Apple itself ripped off the idea of the GUI from Xerox.

Exactly. Steve Jobs paid Xerox for the opportunity to see what they were developing. Fans of Apple will say that he paid for the right to copy their code and ideas for the Interface, when in reality the deal was nothing more than giving him the time to see the direction they were headed. Certainly Xerox made a huge mistake in trusting Jobs. Steve immediately stabbed them in the back and copied everything about the PARC and he never denied it. In fact, he is quoted many times as saying something along the lines of: "Good artists create, GREAT artists steal." And he said that in reference to himself and his company.

Apple would not exist today if they hadn't stolen from Xerox and thrived off shady business practices. Xerox deserves partial blame but it doesn't change the fact that Apple is a couple of dirtbags in suits and nothing more. Samsung isn't ripping anything off from Apple that everyone else hasn't already done. The difference, is Samsung is the most successful so Apple sees a honey hole that they can dip their hands in and get some. Apple has so much klout that they could easily trash any competitor by simply releasing new technology that's revolutionary. Instead, they think litigation will keep their competitors at bay. Quite the opposite Apple. Wake up and return to your own thieving roots so you can stay relevant and provide healthy competition!

I just sold my One X to get an S4 for my wife so for the mean time I am using her 4S until I get my One this weekend and boy let me tell you this. This phone is meh. LOL! Ok, it's good. But that's it. If you're coming from a super Android, it's not worth switching. There's not much in this damn phone. Is this what Apple's very proud of? Is this what they call innovative? Apple needs to get its head out of its ass. Honda never sued anybody for copying their variable valve timing technology. They just kept refining it and hoped nobody can catch up. America's Apple's mother country. America should slap Apple and tell it you're embarrassing me son. This is not the American way!

That is exactly the American way, check out the Thomas Alba Edison story against Nicholas Tesla, and there has been a lot more like that one, the problem is that the patent system is so corrupted that is not helping innovating or to protect the new projects, its used for profit, there are patents for things that are not even invented yet, I can literally patent any crazy idea that comes to my mind and if somebody in the future comes nearly close I can just sue and get some free money. It happens on a daily basis, the US is known for suing and using the laws for their own good, specially if its against foreign companies.

Don't roll your eyes on me. Samsung and HTC jumped from S2 and Sensation to S3 and One X and then leaped to S4 and One. Apple hopped from 4 to 4S and hopped again to 5. With Samsung's and HTC's (and LG's and Motorola's) brains combined with Google's, Android's future looks even brighter. What is next from Apple? I'm not denying they started the smartphone. Props to them for that but it seems like they stopped innovating since 2011. Go have your eyes checked! They roll for no reason.

And the only thing different on the 2013 version (iPhone 5) is a 1/2 inch larger screen. What is your point???

Do you seriously believe that? Just a few things different:
New processor--- A6 dual-core processor, which is just as fast as basically any Android device on the market.
Better camera, which was already the best on a smartphone.
LTE (finally).
Most realistic colors on a phone screen, and readable in sunlight.
Aluminum build, and still the best build quality on the market. Look up "iPhone 5 vs. Galaxy S3 drop tests" for results on it's superiority.
At least it will get timely updates every year, for several years to come.

Processor - every new smartphone gets a faster and better processor
Camera - the 1-year-old One X's and S3's cameras are on par with (or might be better than) the 7-month-old iPhone 5's
LTE - already available on the One X and S3, long before the iPhone 5
Best display - totally subjective (I preferred the One X last year)
Build quality - totally subjective too (I prefer the feel of the One X on my palms, you prefer the sharp edges of the iPhone 5)
Updates - carrier-dependent, not the OEM's fault, and what do you get with the update? From iOS 5 to iOS 6, it's like a fingerful. From ICS to JB, a handful. Old Sense and Touchwiz to newer versions, a lot.

You see, HTC and Samsung have more going for them. One that I love the most is HTC's widgets. Whatever you want is right there. No need to open an app.

I see that you didn't disagree about the iPhone being faster.
S3 camera not even close to iPhone 5. I don't know about One X.
Updates are a joke on Android, and you know it. It takes absolutely too long, whoever's fault that it may be. Key Lime Pie is close, and most Android are lucky to have ICS or JB by now.
I am an Android fan from way back, but you have to give it to Apple on some points, and Android on others.

There was a time when this Apple is better than Android argument had some merit. But anyone who has recently used Android and Apple products knows that Apple is so far behind now that when you make comments like these it just makes you sound stupid. The iPhone 5 is faster? Seriously?

Holy crap Apple, shut the he'll up already! Quit hiding behind your lawsuits just cause Samsung keeps making phones that are better than yours. How pathetic can you get? You're not the best anymore, get over it.

I would love to give Apple products a try so that I can widen my experience and see exactly what they have to offer. I am a fanboy of innovation and the best tech available. But there's two problems: I haven't seen anything that makes Apple better tech than the Android flagships, and I can't support a business like Apple with the way they operate. If they'd clean up their ways and innovate, i'd be all for giving their device a shot.

I did. I got a 4s when it came out to see what it was all about. (Before that I had a fascinate) The iphone was a solid phone, but I didn't feel that it was the big deal that some people make it out to be. I wasn't too thrilled with their menu system or the lack of customization options. It did have some good points such as good call quality and the external speakers were great to listen to music without earbuds. But ultimately it lasted until the Razr M came out.

The company I work for provides smartphones to their employees (at their main office, where I work out of) and Blackberrys to the ones at other locations around the country. My boss owns stock in Apple, so as far as he's concerned Apple products it is. I HATE working with or having to mess with iPhones or iPads. Everything about them to me is counterintuitive. I hit the home button, does nothing. I hit it twice, nothing. I literally start stabbing at it and EVENTUALLY it takes me home or to a search menu. Depending on how silly it feels like being.

When given a choice, me and most of the guys in the office prefer using our own devices and just footing the associated bills ourselves over taking a company iPhone or iPad. They're all flash and no substance.

But I'm pushing for a change. Got the Nexus 4 when it came out, bringing people around to using it and wanting to use it. Meaning eventually we'll get company Android phones. I've already got the boss' dad onto a Nexus 7 (with mobile data). For a seriously non-techie iPad loving fan, he's come around and says it just works. Scary hearing from a former Apple fan.

It's clear to me that Apple doesn't want to make a phablet so the only way to keep users from buying the best phablets available they sue the company who makes them. So what are the patents they are claiming the S4 infringes on. Apple should have to outline device by device exactly what the patent violations are. I suspect they will be the same BS claims from 2 years ago that Samsung has innovated past or innovated around. Either way Cook claims he wants to end these legal issues, but IMO he is lying about that. They have billions upon billions to spend in legal fees and not even touch their cash reserves so why not.

Apple should be fined for wasting the courts time.

It's about margin. Apple has 100+ billion in the bank precisely because they have kept their margins so high. A successful platform that has many cheaper alternatives to iOS cuts into Apple's margins and thus profitability.

Apple is fighting a rear-guard action that I'm pretty sure they know they will lose. However, if they can delay the process by six months think about how much money they can make in that time. It's like the drug companies that spend millions lobbying to have their patents on profitable drugs extended six months. They can make hundreds of millions in profit while the generic drugs are prohibited for another half year.

apple spends very little money on R&D, quite obviously it shows. These types of stories and the fact that the iphone is crap is why i went to samsung mobile devices and will NEVER go back to apple. But yeah, keep advertising for samsung apple!! that's all you are really doing. Any decision in your favor will eventually be overturned anyway. Instead of being a bunch of sore losers how about just make something better than your competitors. But you cannot because you're to arrogant of a company and at the end of the day you do not care what the customer would like. As a company you only care about what you actually want to give the customer.

Just dirty. Look at the list. All of the devices listed are one of the top Android device made. Trying to get rid of the competition against the iPhone

Does this really surprise anyone? Next year, Apple will sue Samsung for the SGS5, etc., and so is the circle of life.

I think this is the best thing samsung can do. But apple is already looking to lg for screens because samsung hinted last year that apple would not be a priority for them to sell products to.

Strange being an American and hating a American company as much as i do Apple just stop the bs just makes you look like assholes that you are

Apple, Apple, Apple, why the problem now?! It is apparent Samsung makes a better product than you do or else you wouldn't keep up this sue me crap! If Samsung just stops supplying Apple with anything, we'll see just how you will be. It makes no sense for you to continue with this back and forth garbage. MAKE A BETTER PRODUCT, IT'S THAT SIMPLE!!! You must feel way behind the 8 ball to yet pull another stunt like this. Anyway you just helped Samsung sales go up...THANKS!!!!

But Apple is eating Samsung's lunch in U.S. marketshare, and iOS U.S. marketshare is increasing.
I use both platforms, and both have their merits. But, obviously, Samsung has copied Apple a LOT in the past, so Apple does have a right to protect themselves.

Android controls over 50 percent of the market and iOS controls under 40 percent. With the release of the HTC One and Samsung's S4 Apple's market share is about to take a tumble.

That is said every year, lol. When the next iPhone releases, it will be just like the past iPhones, a best seller.

Of course it is. Everyone expects the iPhone zombies to come out and line up for the phone which will spike sales and then like clockwork newer Android phones will come along and trample it.

It's too bad they didn't release the phone now when there's real competition. By the time September comes around HTC and Samsung would have already made the bulk of their sales for their respective phones.

That's a pretty weak argument. If you want iOS you only have one option. If you want Android you have your choice of several different manufacturers.

Anyway, Android > iOS.

See what I mean folks? More stupidity. Everyone knows now that Android devices have clearly surpassed Apple in market share. Even Slashgear, the Apple prostitution blog knows this. But not slap happy. Just keep saying those tired untrue, and now inaccurate talking points.

The key word being "past".

The IP protection system is supposed to increase innovation. Instead, it's being used by entrenched vendors to stifle innovation...exactly the opposite of its intent.

I still can't believe some of the patents granted to Apple. They've made a farce of the patent system.

All Apple is doing is bringing more attention to the Galaxy S4.

Apple should not be taking litigation tips from Microsoft in the mobile space. See how well that's working for them?

I hate that iCrapple and I will always and please fir the sake apple olyou make crap phones and overprice them you such. Hey everyone those who are against apple here. Yeah you come on reply with +1

When I bought my GS2 over two years ago, one other option was the iPhone-4. I made that choice because of key differences. It was my first Android phone, but even then I felt Apple had more to learn from Samsung than the converse. Things have moved on quite a bit. Apple seem to have fallen further behind; Android is much more polished and "finished" than it was, I don't think iOS can say the same, do you?

The operation of the original US court case seemed very biased to me when it started; the verdict confirmed that assessment. Eventually this stupid and diversionary legal mess will come to an end. I think Samsung will be stronger and more successful, despite this legal assault. Apple will still be in the game selling lots of phones, making huge profits. So who really looses and how should we think about it.

The real loser here is America. Worst of all almost none of this technology is made there. Americans buy millions of smart-phones, but they don't make them and most of the profits stay outside the USA, for tax reasons. Is this business actually bad for America and the west generally? I think so.

I phone is not even worth spitting.. I mean apple products especially iphones can never match up to samsung phones. Apple is just jealous only because samsung is way ahead of them. And I don't see any difference whenever apple launch new series of iPhone.. It's all bullshit and the trust is--

ANDROID IS TEN TIMES BETTER THAN iOS

Despite being totally Android in my hardware, I recognise the quality of Apple hardware build. Even back at 2.3 Android was more flexible than iOS of that time; but clearly the iOS UI was smoother and more polished - it just did less. For people like us, I agree with you, Android really is a better system. I still use my GS2 (now running 4.1.2).

This case is a distraction, in my opinion it distorts the market and is an abuse of the legal system; but it's not our fight. We really need to look beyond it and focus on other things.

I like apple products well mainly computers but i am pretty fed up with this nonsense now, I wish apple would just start to innovate again and stop worrying about suing the competition. At the moment Samsung are making world class smart phones with plenty of inovation and apple don't seem to be able to respond other than in the courts.

I don't see why there is so much uproar. Yes, all of this is dumb. But what will actually come of it? If the trial won't happen until next Spring, it won't be done until long after that. By then the S5 will come out so even if a ban is enforced on the S4... who cares? Yes there will be lawyer fees that'll be passed on down to the consumer but its not like Android will cease to exist. Technology moves way faster than the court system so Apple will always be filing lawsuits against last gen phones.

To my mind at least, this is another example of what's wrong with the patent system. The idea that you can collectively put 22 devices under one infringement suit is bad enough, but to think that you can just drop one and add one without refiling is far worse. It's bad enough that these suits can go on for years already, if this sort of practice is allowed to stand, they could go on for multiple decades with a running list of targets. If the courts allow changing the suit to include new devices, how long before they allow modifications of the patents under contention? How this is not a violation of the "right to a speedy trial" is beyond me.

Eh, by the time the law suit actually goes to court, Samsung will be on to the S5 or S6, will be light years ahead of Apple, once again, and Apple will restart the hearings because they will need to add the S5 or S6. Good innovation there....

In any rational world, the PTO and/or the courts would have thrown out 50% of Apple's patents by now on the basis of prior art or trivialness.

is this the end for apple smart phone ? ... why do people always resort to cheating or dirty tactic when they can't complete ?

You know how to tell it's not an Apple phone? It says Samsung. And it doesn't have an Apple logo on the back. Go ahead and add it to your suit, Apple. It'll undermine your credibility completely. But then, Apple has no credibility with anyone except iZombies anyway.

Apple has become a complete joke. I have quite a few of their products now, but unless they grow up I probably will never buy another thing from them. And as for the iPhone, it probably never would have existed without Samsung technology, or it certainly would have taken them a lot longer to get it released originally. You should never bite the hand that feeds you!

When apple filed this device to the lawsuit apple state "Apple will eliminate (without prejudice) one of the Accused Products named herein, so that it will continue to accuse only 22 products of infringement at this stage of the litigation."
without prejudice???? well then why not let the court decide or post a webpage with all 22 accused products and what they are being accused of, and have whoever is following the case vote on it. you know that will never happen because apple has at least 15 people from their law department, 25 from their coding department, 25 from their design department, 40 independently hired (retired) Honorable Judges, and at least another 30-50 people on focusing on answer the questions to one task assigned to them right now. Which accused product do we have the least chance of winning? which accused product will bring in the lowest amount of money if won? Which accused product looks the most desperate according to law and the public? And a few more questions like that. and they will have 1 more team of about 50 different experts to decide which accused product should they eliminate? Apple is insane. They would make more money if they sued every seller on amazon and eBay for only 20% of the profit made on each Apple item the seller sold without their permission or from a authorized re-seller. Leaving the seller with 80% of the profit made from the sale. Apple would probably make 50 billion on that lawsuit, I should patent that idea, and sue Apple for when they proceed with that one!