“Each time these parties appear in the courtroom, they consume considerable amounts of the court’s time and energy, which takes time way from other parties who also require and are entitled to the court’s attention,” said Grewal.
Instead Apple will need to file a new lawsuit against Samsung if it wishes to address alleged patent infringements by the device.
Apple had requested the court remove one of the old devices in the case and replace it with the Samsung Galaxy S4.
“Apple has concluded that it is an infringing device and accordingly intends to move for leave to add the Galaxy S4 as an infringing product. Upon the grant of such motion, Apple will eliminate (without prejudice) one of the Accused Products named herein, so that it will continue to accuse only 22 products of infringement at this stage of the litigation.”
Grewal noted that while the number of products was the same, the number of disputes around the Galaxy S4 are greater than the product it was replacing.
“Judge Koh has been explicit with both parties that this case must be streamlined, which requires reducing the number of products and patents at issue — not increasing them,” said Grewal. “The number of products may be the same, but as the court described, the potential disputes revolving around Galaxy S4 are greater than whatever product it will replace because of its late addition.”