Samsung Wants iPad Mini Added to Apple Suit

Now that Samsung has succeeded in having the iPhone 5 added to its upcoming patent infringement suit with Apple, it is petitioning the court to add the company’s latest iPads and iPod touch, as well.

In a motion filed just prior to the Thanksgiving holiday, Samsung filed a motion to include Apple’s fourth-generation iPad and iPad mini in its growing list of iOS devices that allegedly infringe its patents.

“Good cause exists to amend Samsung’s contentions because Apple’s new products were not yet available when Samsung submitted its original contentions on June 15, 2012 or its first Motion to supplement its infringement contentions on October 1, 2012,” Samsung said in its motion. “… The iPod Touch 5, iPad 4, and iPad Mini have the same accused functionality as the versions of the iPod Touch and iPad that are already part of this case. As such, the proof of infringement of the patents-in-suit by the iPod Touch 5, iPad 4, and iPad Mini will be substantially the same as for other Apple devices already accused of infringement in this litigation.”

In other words, if earlier versions of Apple’s iOS devices infringe Samsung’s patents, then newer versions are likely to infringe them, too.

A reasonable enough argument. And one that Magistrate Judge Paul Grewal seems predisposed to grant. Indeed, when he agreed to add the iPhone 5 last week, he also warned Apple against fighting future requests to add its new iPads.

Said Grewal, “Given the early stage of this litigation and the reasoning of this order, the court notes that Apple should think twice before opposing similar amendments reflecting other newly released products — e.g. the iPad 4 and iPad mini — that Samsung may propose in the near future.”

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