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Thursday, December 7, 2023
Courthouse News Service
Thursday, December 7, 2023 | Back issues
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Apple Fires Second Barrel Against Samsung

SAN JOSE, Calif. (CN) - Samsung Electronics keeps introducing new products that rip off Apple technology despite ongoing trademark litigation between the rivals, Apple says in a new federal complaint.

In the earlier action, filed in April 2011 and set for trial this summer, Apple alleges "Samsung has chosen to slavishly copy Apple's innovative technology, distinctive user interfaces, and elegant and distinctive product and packaging design."

The complaint says Samsung products are confusingly similar to Apple's iPad, iPod Touch and iPhone.

"Despite that lawsuit, Samsung has continued to flood the market with copycat products, including at least eighteen new infringing products released over the last eight months," Apple said in a new complaint on Wednesday.

These new products use technology that is protected by utility patents Apple obtained over the last year.

Apple seeks to enforce eight utility patents, four of which are less than a year old.

"Samsung's infringement of the Apple utility patents identified in this complaint provides Samsung with unique functionality for its products that is the result of Apple's innovation, not Samsung's," according to the new complaint.

The patents in question involve functions such as "unlocking a device by performing gestures on an unlock image" and "missed telephone call management for a portable multifunction device."

Apple says the technology can be found in Samsung's smartphones, media players and tablets, including the Galaxy S II and Illusion phones, the Galaxy Player 5.0, and the Galaxy Tab 8.9 tablets.

"Apple is filing this suit to put an end to Samsung's continued infringement," according to the complaint, echoing the language its earlier lawsuit , which was also filed in San Jose.

That complaint asserted; "Samsung's relentless copying of Apple's intellectual property must be stopped."

Apple is represented in the new action by Josh Krevitt and H. Mark Lyon of Gibson, Dunn & Crutcher in Palo Alto, Calif.

The companies are currently locked in more than 20 legal battles worldwide over patent and design issues related to tablets and smartphones.

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