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Fresh Meat Added to Ongoing Patent Battle

Judge allows addition of iPhone 5 and Galaxy S3 to patent case.

Judge Paul Grewal last week approved a request to add the iPhone 5 as well as the Samsung Galaxy Note 10.1, the Galaxy S3, and the Android Jelly Bean OS to the on-going patent case and to me is proof that Apple is definitely not willing to bury the hatchet with Samsung like they have with rivals HTC.

The Judge stated that the addition of the new gadgets did not significantly alter the case, he stated "Samsung's amendment does not seek to add new claims or theories of infringement, but merely adds another device that has the same accused functionality as the previous versions of the iPhone," he wrote. "As a result, Apple's analysis in defending against Samsung's contentions should remain largely the same."

Apple only had a partial victory in regards to having Android Jelly Bean OS added to its case as the judge said that Apple had failed to move quickly after the release of the popular OS and was too vague about its infringement.

"Samsung would be prejudiced by the lack of specificity in Apple's proposed amendment because it will not have notice to the claims it must defend against," Judge Grewal found. "Moreover, as Samsung correctly noted, such an amendment would be overbroad and may sweep any number of Samsung devices using the Jelly Bean operating system into this suit."

Since Samsung does not have design control over the Android OS (namely Jelly Bean) as a result the inclusion of the OS in the suit will only be allowed when it related to the Samsung Galaxy Nexus.