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