In a court filing this evening, Samsung has asked Judge Paul Grewal to allow it to include the iPhone 5 in the company's latest countersuit against Apple. While the companies recently wrapped up a jury trial — in which Apple emerged victorious, to the tune of $1.049 billion — this move is part of a different round of legal wrangling. In this second case, Apple is accusing more than 20 Samsung devices, including the Galaxy S III and the Galaxy Nexus, of infringing a wholly different set of patents. Samsung, as before, is alleging infringement as well, having targeted the iPhone, iPad, and iPod touch product lines in its initial counterclaims.
In the filing, Samsung says it is accusing the iPhone 5 of infringing the same patents as the other devices: a mix of 3G standards-essential patents and specific feature patents. Given that this second case is still in its early stages, there's no reason to believe Samsung won't be allowed to include the iPhone 5 in its claims, but the device won't officially be added until the parties have a hearing with Judge Grewal, currently scheduled for November 6th.
Samsung, which received good news earlier this evening when Judge Lucy Koh dissolved a preliminary injunction against the Galaxy Tab 10.1, provided us with the following statement on the iPhone 5 filing:
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.
Bryan Bishop and Matt Macari contributed to this report.