Apple has extended a lawsuit against Samsung

The trial between Apple and Samsung is gaining more and more turns - on Thursday, Apple amended its lawsuit, accusing Samsung of even more violations. Florian Muller writes about this in the FOSS Patents blog.

If the original claim consisted of 38 pages, now there are already 63 pages in it. In a new lawsuit full of charges, it is claimed that Samsung “was even bolder” than other competitors of Apple in “crudely imitating the look of Apple products with the goal of making money on Apple’s success.”
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Many counts point out that Samsung released its products shortly after Apple innovations. For example, Apple recalls the year 2007, when Samsung released the F700, which supposedly represents the first instance of copying the appearance of the iPhone.

Apple points out that there was a lot of hard work behind its products:

While the success of the iPhone was instantaneous, its design process was not at all as instantaneous. For several years, Apple’s team of people has been involved in every aspect of the design of the phone itself — the shape of the phone, the materials used, the size and placement of the mask framing the screen — and the multi-touch user interface to make a product that looks and feels completely different than previous phones On the market.

The new version of the claim emphasizes the uniqueness of the iPhone:

Before the release of Apple’s first iPhone, no other company offered a phone with such features. Previous mobile phones were often cumbersome and with a physical keyboard. Some of them had a rocking button for navigation and button sets for numbers and calling functions. Others had a front panel with a partial or full QWERTY keyboard and a screen. No one had clean lines of the iPhone, which immediately allowed him to be out of competition.

To show how famous Apple devices became because of their unique characteristics, the lawsuit cites various iPhone and iPad appearances on the front pages or main sections of the New York Times, The Wall Street Journal and USA Today, as well as reviews in Time and Newsweek .

Apple even points out its brand assessment:

On May 8, 2011, Apple ranked first in the BrandZ's top 100 ranking of the most expensive brands in the world, with an increase in brand value by 84% over the year. The brand value increase was explained by “successful iterations of existing products such as iPhones, the creation of a tablet category with the release of the iPad and an enhanced strategy that made the brand the leader in cloud computing, software and innovative, well-developed devices.”

Returning to the charges against Samsung, Apple quotes several journalists:

Copying has been widely noted in the industry and has been mentioned in several reviews of Samsung products. For example, Wired Editor wrote that “[Samsung] Vibrant industrial design is strikingly similar to the iPhone 3G.” [...] "First look: Samsung Vibrant tore off iPhone 3G design." Another Wired editor wrote: “Let's solve one of the biggest controversies associated with this phone. Yes, the Vibrant is very much like a certain best-selling smartphone. ” [...] "Samsung Vibrant is similar to the iPhone, time is enough to match." [...]

A review of the Samsung Galaxy Tab 10.1 from Business Insider states that "in front it looks like an iPad." [...]

New emphasis on copying Samsung, probably placed in order to consider the possibility to establish a preliminary judicial ban on the flow of Samsung products on sale. Although usually preliminary prohibitions are established only under special circumstances.

In the original lawsuit, the following Samsung products were specifically mentioned as copied: Samsung Captivate, Continuum, Vibrant, Galaxy S 4G, Epic 4G, Indulge, Mesmerize, Showcase, Fascinate, Nexus S, Gem, Transform, Intercept, Acclaim and Samsung Galaxy Tab.

In the new version of the suit, all the above mentioned are named plus the Droid Charge, Exhibit 4G, Galaxy Ace, Galaxy Prevail, Galaxy S (i9000), Gravity, Infuse 4G, Nexus S 4G, Replenish, Sidekick, Galaxy Tab 10.1 and Galaxy S II. Also clarified what was meant by Showcase: Showcase i500 and Showcase Galaxy S.

With regard to patent charges, Apple removed the charges of violating five software, hardware, and design patents, but added five other patents, including a multi-point touch screen, a graphical user interface, and a two-way touch panel.

Apple may also file counterclaims in Korea, Japan and Germany (where Samsung sued her in response to a lawsuit in California), and she also has time to respond to a Samsung lawsuit filed in California.

And in the very near future, Apple may request a preliminary injunction on the sale of new Samsung products. Apple recently completed a trial with Nokia and can now fully engage in the patent battle with Samsung.