Samsung Adds iPhone 5 to Patent Lawsuits [REPORT]

Todd Wasserman
Samsung Adds iPhone 5 to Patent Lawsuits [REPORT]

Samsung had warned in late August that if Apple's iPhone 5 had LTE, it would sue the company. Now, Samsung has made good on its word.

Court documents filed by Samsung revealed that it plans to add the iPhone 5 to its existing patent lawsuits against Apple, according to Reuters. Reps from Samsung could not be reached for comment.

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Reuters quotes the following language from the filing:

Samsung anticipates that it will file, in the near future, a motion to amend its infringement contentions to add the iPhone 5 as an accused product. Based on information currently available, Samsung expects that the iPhone 5 will infringe the asserted Samsung patents-in-suit in the same way as the other accused iPhone models.

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Samsung also released the following statement:

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.

Samsung's move comes after a California jury ruled in favor of Apple last month, awarding $1 billion in damages in a case in which Samsung accused the company of infringing on various smartphone and tablet-related patents. Samsung has vowed to fight that ruling.

SEE ALSO: Samsung to iPhone 5 Fans: You’re Idiots! [VIDEO]

It's unclear whether Samsung will seek an injunction for iPhone 5 sales to counter sales injunctions initiated by Apple. Apple blocked sales of the Galaxy Tab 10.1 in the U.S. this summer because of alleged infringements on iPad patents -- a decision a federal judge upheld this week.

However, Gerry Elman, president of Elman Technology Law and a patent attorney, said the odds of Samsung actually blocking sale of the iPhone 5 are "pretty darn remote." Elman said since the Supreme Court's in the 2006 eBay v. MercExchange case, injunctions have become harder to implement, particularly if the defendant can prove that blocking the sale of an item would be against the public's interest.

Meanwhile, on Dec. 6, a U.S. court will hear Apple's request for an injunction against the sale of several Samsung Android phones because of alleged patent infringement.

This story originally published on Mashable here.