Apple and Samsung File List of Patent Claims and Accused Products Ahead of Second U.S. Patent Lawsuit

Ahead of a second patent infringement lawsuit set to take place on March 31, Apple and Samsung have filed a final list of the accused patents and products being brought to trial, reports FOSS Patents.


Previously, both companies agreed in September 2013 to drop one patent each from the trial, as Judge Lucy Koh ordered both companies to narrow the scope of their ongoing legal battle. Last month, Judge Koh also invalidated two of Samsung's patent claims, which will result in the Korean company bringing a total of only four patent claims to trial. Apple will bring the expected amount of five patents to trial.

Apple's asserted patents:
- U.S. Patent No. 5,946,647 "System and method for performing an action on a structure in computer-generated data" - Claim 9
- U.S. Patent No. 6,847,959 "Universal interface for retrieval of information in a computer system" - Claim 25
- U.S. Patent No. 7,761,414 "Asynchronous data synchronization amongst devices" - Claim 20
- U.S. Patent No. 8,046,721 "Unlocking a device by performing gestures on an unlock image" - Claim 8
- U.S. Patent No. 8,074,172 "Method, system, and graphical user interface for providing word recommendation" - Claim 18

Samsung products accused by Apple:
- Admire
- Galaxy Note
- Galaxy Note II
- Galaxy S II
- Galaxy S II Epic 4G Touch
- Galaxy S II Skyrocket
- Galaxy S III
- Galaxy Tab 2 10.1
- Stratosphere

Samsung's asserted patents:
- U.S. Patent No. 7,756,087 "Method and apparatus for performing non-scheduled transmission in a mobile communication system for supporting an enhanced uplink data channel" - Claim 10
- U.S. Patent No. 7,551,596 "Method and apparatus for signaling control information of uplink packet data service in mobile communication system" - Claim 13
- U.S. Patent No. 6,226,449 "Apparatus for recording and reproducing digital image and speech" - Claim 27
- U.S. Patent No. 5,579,239 "Remote video transmission system" - Claims 1 and 15

Apple products accused by Samsung:
- iPhone 4
- iPhone 4S
- iPhone 5
- iPad 2
- iPad 3
- iPad 4
- iPad Mini
- iPod Touch (5th generation)
- iPod Touch (4th generation)
- MacBook Pro

Florian Mueller of FOSS Patents noted that both companies' current products do not appear on either list due to the lengthy process of U.S. patent litigation lawsuits. However, the list of accused products and their outcomes in the trial may be used as a basis for damages and injunctive relief going forward.

Mueller also noted that the anonymous request to reexamine Apple's infringed autocomplete patent has been granted, with the U.S. Patent and Trademark Office (USPTO) now scheduled to take a closer look at the viability of the patent:

In August 2013, the USPTO granted the reexamination request only in part -- and in a way that would have been useful for Samsung's purposes. But the anonymous requester(s) kept fighting for a more comprehensive review and filed a petition. That petition related to various claims the examiner refused to reexamine, particularly including claim 18, the claim-in-suit. In mid-January, the USPTO published a favorable decision on the petition, holding that the anonymous requester had indeed raised substantial new questions of patentability.

A mediation meeting between Apple CEO Tim Cook and Samsung Electronics CEO Oh-Hyun Kwon is scheduled to take place before the trial, with the date for the session set for on or before February 19. Both companies will also partake in a separate trial centered around Apple's new call for a U.S. ban on Samsung products set for January 30.