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Apple tries to add Galaxy Note, Jelly Bean to patent slapfest

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Apple has moved to add Samsung's Galaxy Note 10.1 and, unusually, the Google-built Android OS Jelly Bean which runs on the phone to an existing patent lawsuit in the US.

The fruity firm argues that the Note 10.1 infringes on its intellectual property just as much as Samsung's other products in the case do.

"Shortly after the release of the Galaxy Note 10.1, Apple investigated whether that product infringes the asserted patents. Having now determined that it does infringe – and in a manner remarkably similar to how the already-accused devices infringe – Apple seeks to amend its contentions to include this product," the company said in a court filing.

Apple is also looking to add the latest Android OS - 4.1, aka Jelly Bean - to its list, which could make life a lot more complicated for other Android smartphone and tab-makers if it has any kind of success.

Samsung, meanwhile, is asking the court to add the iPhone 5 to its patent claims. "The iPhone 5 has the same accused functionality as the previously accused versions of the iPhone, so the proof of infringement of the patents-in-suit by the iPhone 5 is the same as for other Apple devices already accused of infringement in this litigation," the Korean firm said in a filing of its own.

Judge Paul Grewal heard both arguments yesterday but said that he needed time to make a decision on whether either motion could be allowed.

The whole case is due to go to trial in 2014, but the next big hearing for the firms will be in December. Judge Lucy Koh will hear arguments then on whether Apple gets to ban eight Samsung smartphones and the Tab 10.1 or Samsung gets to throw out the fruity firm's prior US win due to claimed jury misconduct. ®

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