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Apple shifts focus to Samsung Galaxy S4 in patent lawsuit

Apple wants to add the Galaxy S4 to a list of 22 Samsung devices its believes infringes on its patents.

The Cupertino-based firm said it is willing to drop one of those 22 gadgets and swap in Samsung's newest flagship smartphone.

"Based on Apple's analysis of the 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," Apple said in a recent court filing posted online by The Verge.

If the California district court overseeing the case approves that request, "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," Apple said.

That list includes everything from the Samsung Admire and Dart to the Galaxy S3, Galaxy Note 2, and various Samsung tablets.

Apple was advised to identify specific Samsung products that it believed infringed on its patents, rather than entire product lines.

"For example, Apple separately accuses the Samsung Galaxy Nexus, the Samsung Galaxy S2, and the Samsung Galaxy S3, rather than singularly accusing the Samsung Galaxy product line," Apple wrote.

The two sides have been fighting over how many products they can enter as evidence in the case. In this filing, for example, Apple argues that there is "no justification" for Samsung wanting to count different versions of the same phone as two phones.

"According to Samsung, for example, the Galaxy Nexus activated on (US mobile network) Sprint must be counted separately from the Galaxy Nexus activated on Verizon," Apple said.

The case is not scheduled to go to court until next year, so both sides are still hammering out the details. This is not the same case that resulted in a $1.05 billion (£690m) judgment for Apple in August 2012, though it is making its way through the same court. Apple was recently dealt a setback in that case, when the judge threw out a portion of the verdict (and millions in fines), and ordered a new trial on those points.

Given that the cases have gone on for so long (Apple first sued Samsung in April 2011), both sides have continually updated their lawsuits every time they release a new product. Last year, Apple added the Galaxy S3, for example, while Samsung took aim at the iPhone 5.