Samsung adds iPhone 5 to US lawsuit

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Samsung adds iPhone 5 to US lawsuit

As Galaxy Tab 10.1 allowed for sale.

Samsung has added the iPhone 5 to the growing list of products in dispute between the South Korean manufacturer and Apple.

Reports initially suggested the iPhone 5 was the centre of a new US lawsuit between the companies, but some observers suggested the sixth-generation iPhone would added to the existing set of claims Samsung has over several versions of the iPhone and iPad.

 "We have little choice but to take the steps necessary to protect our innovations and intellectual property rights," the company said in a statement.

Both companies have continued to allege their rival infringed on key patents around wireless communications, hardware design and software.

The world's top two smartphone makers are locked in patent disputes in 10 countries as they vie to dominate the lucrative market.

Samsung's latest move comes as a US court removed a temporary sales ban on the Galaxy Tab 10.1, allowing the South Korean company to sell the product in the United States.

While the Galaxy 10.1 is an older model, the lifting of the ban could still help Samsung in the run-up to the pivotal holiday shopping season.

"We are pleased with the court's action today, which vindicates our position that there was no infringement of Apple's design patent and that an injunction was not called for," Samsung said in a statement.

Samsung suffered a similar sales ban on the device last year in Australia, a move later retracted and allowed for sale before Christmas 2011.

The US injunction on the Galaxy tablet had been put in place ahead of a month-long trial that pitted the iPhone maker against Samsung in a closely watched legal battle that ended in August with a victory for Apple on many of its patent violation claims.

However, the jury found that Samsung had not violated the patent that was the basis for the tablet injunction and Samsung argued the sales ban should be lifted.

The sole basis for the preliminary injunction no longer exists since the jury found that Samsung's Galaxy Tab had not violated one of Apple's patents.

"The court does not agree with Apple that Samsung's motion for dissolution of the June 26 preliminary injunction cannot be fairly decided without resolving Apple's post-trial motions," Judge Lucy Koh said in her ruling.

Apple could not immediately be reached for comment outside regular U.S. business hours.

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