Apple is applying more oomph to copycat claims against its key supplier Samsung. Just days after it wrote in court documents that Samsung was “harassing us”, Apple yesterday amended the filing with more intellectual property rights against more products – even re-phrasing accusations more strongly. The legal maneuver comes on the eve of today’s court hearing where the judge will decide about granting each party access to the other’s unreleased products. FOSS Patents spotted the updated complaint:
The original complaint specifically accused the following products of infringement: “the Samsung Captivate, Continuum, Vibrant, Galaxy S 4G, Epic 4G, Indulge, Mesmerize, Showcase, Fascinate, Nexus S, Gem, Transform, Intercept, and Acclaim smart phones and the Samsung Galaxy Tab tablet.”
The amended complaint accuses all of the above 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 (aka Galaxy S 2). It also specifies the accusation against “Showcase” products, naming the Showcase i500 and Showcase Galaxy S.
Per rephrased wording, Samsung “has been even bolder” than other companies by putting out “products that blatantly imitate the appearance of Apple’s products to capitalize on Apple’s success”. The company claims that the F700 released in 2007 was the first Samsung phone to “copy the clean flat clear surface of the Apple iPhone Trade Dress and the Apple iPhone/iPhone 3G/iPhone 4 Trade Dress”. Apple also points out that its products and brand have been featured in credible newspapers and magazines and even points out the #1 position it took in the BrandZ index. In Apple’s words, this is why iPhone is an iconic product:
Apple’s introduction of the first iPhone product, no other company was offering a phone with these features. Prior mobile phones were often bulkier and contained physical keypads. Some had a rocker-style navigation button and sets of buttons for numbers and calling features. Others had a front panel with a partial or full QWERTY keyboard and a screen. None had the clean lines of the iPhone, which immediately caused it to stand apart from the competition.
Cross-posted on 9to5Mac.com
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