Samsung's Galaxy S III Mini will be dropped from Apple's assertions. | Source: Samsung
In Apple's filing with the U.S. District Court for the Northern District of California, a reply in support of a November motion to amend its claims against Samsung, the company agreed to drop the Galaxy S III Mini from the suit in response to the Galaxy maker's opposition of adding new products to the upcoming case.
Apple looked to broaden assertions with a proposed Nov. 23 motion which added the Galaxy Note II, Galaxy S III with Android 4.1, Galaxy S III Mini, Rugby Pro, Galaxy Tab 8.9 Wi-Fi and Galaxy Tab 2 10.1 to a suit scheduled to be heard in 2014.
Samsung countered by saying it is not ?making, using, selling, offering to sell or importing the Galaxy S III Mini in the United States," and opposed the inclusion of the Galaxy Tab 8.9, Galaxy Tab 2 10.1, and Galaxy Rugby Pro, because ?Apple did not serve its claim charts for these products until November 30, after the November 23 date identified by the Court.?
According to Friday's filing, Apple will not contest the partial opposition and claimed it misunderstood a Nov. 15 court order regarding a limitation on assertions, a stipulation Samsung pointed to in its retort. If the Court agrees with Samsung's reading of the order, which concludes that all new contentions made after Nov. 23 are invalid, Apple "will of course voluntarily withdraw any infringement contentions" made after that date.
As for the Galaxy S III Mini, Apple noted that the handset can be purchased at retail outlets like Amazon.com's U.S. storefront, but agreed to withdraw its claims as long as they can be reinstated if the device was to see official sale in America.
The case, which involves the iPhone 5 and Galaxy S III flagship smartphones, is set to start hearings on Mar. 31, 2014.