Apple had submitted a bid to include the Galaxy S 4 in their current lawsuit with Samsung, and it seems as though U.S. Magistrate Judge Paul S. Grewal has since turned it down. The argument to include Samsung’s newest flagship was apparently not persuasive enough, and would create “undue prejudice” for Samsung.
Here’s what Grewal had to say:
Throughout the hearing, Apple warned that excluding the Galaxy S4 would result in yet another case with more claims of infringement and would require Apple to continue to play, in counsel’s words, ‘whack-a-mole’ with Samsung. Apple presented the exact same argument to Judge Koh during an April 23, 2013 hearing during which she required them to set a schedule to drop products and patents. Judge Koh was not persuaded by this argument and neither is the undersigned.
Apple already needs to dismiss without prejudice several products from this case and so a new trial would be likely regardless. Given the likely undue prejudice to Samsung and Judge Koh’s directives regarding the management and progression of this case, the court DENIES Apple’s request to add the Galaxy S4 to its contentions.
This news comes in the wake of U.S. District Court Judge Lucy Koh requesting that Apple reduce the number of devices on their list of infringing devices. She later decided that the Galaxy S 4 should not be included in the list because it was too new to the market and Samsung shouldn’t be expected to deliver all of the required information in time for upcoming hearings.
Source: CNET
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