FOSS Patents reports that Apple is seeking to add Samsung's latest flagship device -- the Galaxy S 4 -- to its second California case against Samsung, currently scheduled to begin in March of 2014.
Back in April, Judge Lucy Koh instructed both Apple and Samsung that they have until February 6, 2014 to limit the number of accused products to 10 per side. Until then, Apple will have some work to do as the company currently accuses 22 Samsung products of patent infringement.
What's more, now that Apple has gotten its hands on the Galaxy S 4, it wants to add that product to the litigation as well.
The purpose of the responses Apple and Samsung submitted yesterday was to identify 22 accused products per side. The filings reveal a major new disagreement: Apple has analyzed the Galaxy S 4, Samsung's new top-selling product, and "has concluded that it is an infringing device and accordingly intends to move for leave to add the Galaxy S 4 as an infringing product".
In a filing made with the court, Apple notes that it will be willing to drop a product from its current list of 22 accused Samsung devices to make room for the GS4. Given that the GS4 is Samsung's flagship Android device, it stands to reason that if Koh allows Apple to add the device as an infringing product, it will ultimately be one of the 10 devices Apple will fight against at trial.