Judge rules that if Apple wants to pursue the Galaxy S4, it would have to do so by filing a new case

Apple can’t include Galaxy S4 in Samsung lawsuit

In the latest twist in their ongoing legal battle, Apple has been told it will not be able to include Samsung’s Galaxy S4 device in its lawsuit.

Launching its second patent suit back in May, Apple involved a number of Samsung’s devices, including the Galaxy S3 and Galaxy Note 2, but had hoped to also include the firm’s flagship device, the Galaxy S4.

However, despite offering to drop its suit against another of Samsung’s devices involved in the court case, US Magistrate Judge Paul Grewal has dashed these hopes, refusing to incorporate the device into the ongoing case.

Instead, Grewal advised that if Apple did want to pursue the Galaxy S4 within a patent suit, it would have to file for a new case.

"Each time these parties appear in the courtroom, they consume considerable amounts of the court’s time and energy, which takes time away from other parties who also require and are entitled to the court’s attention," said Grewal.

"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.

"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," the judge continued.

As the seemingly never-ending case continues, the next battle between the two firms is set to take place in February 2014.

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