|US Magistrate Judge Paul Grewal in San Jose, California has ruled that Samsung may add the iPhone 5 to its existing complaint for a second landmark smartphone patent trial, scheduled to begin this summer. In a parallel ruling, Apple is allowed to assert its patents in the same trial against the Galaxy Note and Galaxy S III, but not Samsung's implementation of Google's Android OS 4.1 "Jelly Bean."
Samsung's move to add the iPhone 5 to its list of devices it believes are infringing on its patents was filed shorty after the September 21 debut of the device. Apple has been filing to add devices as they have been released by the Korean manufacturer, starting with the Galaxy Note 10.1, and moving through to the Galaxy S III, along with Jelly Bean. In his Thursday ruling, Grewal claimed that Samsung had acted with "reasonable diligence" in asking the court to add the iPhone 5.
While not filed for addition as of yet, Samsung is expected to add other recently-released Apple devices to the lawsuit -- the iPad 4 and iPad mini. Grewal warned Apple to "think twice before opposing similar amendments reflecting other newly-released products" even though the Cupertino company hadn't opposed adding the iPhone 5 to the suit.
The case was brought by Apple after Samsung ignored warnings in 2010 from both the iPhone maker and its rival Google that Samsung's products were too derivative of Apple's designs in both trade dress and software. Apple has accused the company of "slavishly" copying from its innovations, down to the particular shade of green used in the identical "phone" icon.
Samsung countersued Apple, claiming it had in fact infringed on two of Samsung's patents, for which it asked for $400 million in compensation. The claims from Samsung were wholly rejected by the first trial jury, and the company was awarded nothing. The jury trial that the devices were added to today spawned the sales injunctions on the Galaxy Tab 10.1 and Galaxy Nexus smartphone. The second trial is likely to take place in late 2013 or 2014.