Samsung has filed a new lawsuit against Apple, claiming its new iPhone 5 device uses eight patents developed by the South Korean company, without a licence.
The move marks the latest battle between the two phone makers, as the smartphone war intensifies. The companies are locked in a struggle for supremacy in the global smartphone market, leading to legal cases in courts in as many as 10 countries.
Samsung said in a statement: “We have always preferred to compete in the marketplace with our innovative products, rather than in courtrooms. However, Apple continues to take aggressive legal measures that will limit market competition.”
It said it had “little choice but to take the steps necessary to protect our innovations and intellectual property rights.”
The US lawsuit involving the iPhone 5 dates back to April when a complaint about other devices was filed in the Northern District of California. The case is due to go to trial in March 2014.
It involves two so-called Frand patents – technologies Samsung has an obligation to licence on “fair, reasonable and non-discriminatory” terms because they are recognised as being essential to data transmission standards. In other words, if Apple agrees to pay what is deemed to be a fair rate then Samsung will be obliged to let it use the technologies.
The other six disputed innovations are feature patents, and in theory Samsung could force Apple’s products off the shelves if it does not remove the functions from the devices.
However, the new lawsuit will not feature patents related to 4G Long Tem Evolution (LTE) wireless technology, a complaint that Samsung had aired last month.
The case follows a defeat for Samsung in August, which saw it being ordered to pay Apple $1.05 billion (£664m) for “wilful” patent infringement.
US Galaxy Tab banned lifted- for now
Meanwhile, the same court has lifted a sales ban on the Galaxy Tab 10.1, imposed in June.
In August, after a three-week trial and three days of jury deliberations, a US court in San Jose,California, ruled that Samsung had infringed six patents and ordered it to pay Apple $1.05 billion (£664m).
Apple later requested an additional $707 million (£436m), to compensate for “damage to the iPhone’s distinctive product identity”.
