Both Apple and Samsung continue to ask the court to add devices to their respective patent infringement claims
against each other, for their second patent trial set to start in March 2014. Recently, Samsung requested that the Apple iPhone 5
be added while Apple asked to include the Samsung GALAXY Note 10.1
tablet and the Samsung Galaxy S III
. That was followed by Samsung's request to add the fourth-generation Apple iPad, the Apple iPad mini and the fifth-generation Apple iPod touch
On Friday, Apple asked the court to include the Samsung Galaxy S III running Android 4.1
, the Samsung GALAXY Note II
and the Samsung GALAXY Tab 8.9 Wi-Fi
with Android 4.0. The tablet had already been included, but only the version running Honeycomb.With the new update to Ice Cream Sandwich, Apple includes it here. It is a similar story with the Samsung Galaxy Tab 2 10.1
which also was recently updated to Android 4.0. Also requested by Apple for inclusion in the trial is the Samsung Galaxy Rugby Pro
and the Samsung Galaxy S III mini which is now being sold in the U.S. by Amazon
Apple shrewdly points out that all of these devices, or the software updates, were released after the launch of the fifth-generation Apple iPod touch
. Thus, Apple says that if Judge Grewal allows the iPod touch to be included in the suit, there is no reason why Apple can't have these 6 devices added to its claim. Additionally, the court has previously said that it did not want to include the Android OS as part of the suit without an accompanying device attached. In the motion filed Friday by Apple, it says, "Apple does not seek to accuse the Jelly Bean or the Ice Cream Sandwich platforms operating on any Samsung device."
Apple quotes Samsung's website in the motion, which says that the Korean based tech titan "is in close communication with both Google and [its] carrier partners to upgrade devices to Android 4.1 Jelly Bean as quickly and as smoothly as possible
." Add to that the Samsung TouchWiz UI which runs on top of Android, and Apple felt that it should not leave out devices getting updated to a new OS build.
With the start of this trial about 16 months away, there will be attempts to negotiate a peace, either forced upon the two rivals
by the court or done using their own free will. The face of the trial will be much different by the time we hear Opening Statements. For example, we could be looking forward to the Samsung Galaxy S V and the Apple iPhone 6S when the gavel drops on patent trial two between Apple and Samsung, and some of the current devices being added to each side's claims will seem older and possibly outdated when the new trial gets started.