Apple plans to add the Samsung Galaxy S4 to a list of devices Samsung has manufactured that they believe infringe on their patents.
This is Apple’s second patent lawsuit against Samsung, with the federal judges advising Apple to reduce the number of devices they believe to have infringed their intellectual property, which is now at 22.
Apple has found a strategy, however, to add Samsung’s flagship device, the Galaxy S4, to the list of accused items.
The company has asked the courts to replace one of the 22 devices with the Galaxy S4, so that the number remains the same.
"Based on Apple's analysis of the Galaxy S 4, Apple has concluded that it is an infringing device and accordingly intends to move for leave to add the Galaxy S4 as an infringing product," Apple said in a court filing Monday.
If the request is approved by the California district court dealing with the case, Apple will be able to switch a device on their list “without prejudice” with the Galaxy S4.
Samsung is arguing that their phones on different carriers should count as different devices in the allotted 22.
Apple argues otherwise saying that there is “no justification” for allowing that to happen.
"According to Samsung, for example, the Galaxy Nexus activated on Sprint must be counted separately from the Galaxy Nexus activated on Verizon," Apple said.
Apple’s list of products includes a wide range of Samsung’s spectrum, including the more notable devices such as the Galaxy S3 and Note 10.1, as well as lesser-known devices including the Dart and Admire phones.
But Samsung has submitted a list too, accusing Apple of infringing their intellectual property as well. Their list includes recent iPhones, iPads, MacBooks, and even things like iTunes, iCloud, and Apple TV.
The case will not officially go to trial until March 2014, giving Apple and Samsung plenty of time to fine-tune their lists.
