Today, Apple (NSDQ: AAPL) and Samsung are due in court to see whether the judge will permit Samsung to view unreleased Apple products as part of its defense in the trademark suit brought by Apple against the Korean manufacturer. Yesterday, perhaps to shore up its defenses, Apple filed an amended complaint against Samsung, adding more alleged patent and IP infringements to its original suit.
The amendment was first spotted by the patent blogger Florian Mueller, who notes that the new complaint is nearly twice as long as the original, which was first filed in April, and accused Samsung of ripping off Apple’s designs and services.
Some of the notable additions and changes:
– Samsung is the worst offender, but not the only one. While the first suit made specific reference to Samsung, now Apple puts it in the context of a several companies doing the same thing: it “has been even bolder” than others, notes Apple.
– More detail. Mueller notes that the new complaint draws out specific references to products now going as far back as 2007 as evidence.
– More third-party observations on Apple’s design. Turns out that even if Apple doesn’t always give comments or responses to reporters, that doesn’t mean it’s not watching and reading them. A good part of the new material includes citations from tech journalists noting how much Samsung products, specifically the Vibrant and the newer Galaxy Tab (pictured), look like Apple products. Apple also cites the Brandz branding report that we covered here.
– More devices. Apple’s original complaint named 14 devices. That’s now been doubled to 28. The full list is the orignal 14: 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; and now an addition 14: 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); Showcase i500 and Showcase Galaxy S.
– Modified hardware, software and design patent accusations. In total there are eight hardware/software patents in question; and seven design patents in question. Mueller points out that Apple might end up using some of the dropped patents in its own defense against suits brought by Samsung against Apple in the U.S. and abroad.
– Trade dress. Much more detail here now, too, with the allegations outlined based on different generations of each device.
Meuller notes that if Apple has not done so already, it is likely to lodge suits in other countries too, and may well also ask for an injunction on Samsung devices to put even more pressure on the OEM.