Apple seeks US Samsung sales ban plus $707m in damages

By Lee Kaelin on September 24, 2012, 8:30 AM

Apple filed a motion in the San Jose District Court late Friday requesting an additional $707 million in damages and a wider US sales ban covering all of Samsung's infringing devices. The South Korean electronics giant has also filed its own motion requesting a retrial.

The US outfit filed with the same court used in the trial between both companies last month. At the time, Apple walked away with $1.045 billion in damages after the jury found Samsung guilty of infringing on Apple's intellectual property, patents and UI.

Apple wants another $400 million to cover design infringement, $135 million for "willful infringement" of its utility patents, and $121 million in supplemental damages to cover Samsung's sales while the jury deliberated on their verdict last month. The company also requested $50 million for prejudgment interest in damages through December 31.

In addition to extra compensation, Apple wants an injunction to cover "any of the infringing products or any other product with a feature or features not more than colorably different from any of the infringing feature or features in any of the Infringing Products." If granted, Apple would likely be able to enforce a US sales ban of Samsung's Galaxy S3.

Samsung has asked the court to review the damages awarded, and if that happens, Apple wants $155.8 million to cover five infringing Samsung devices that the jury awarded below the minimum amount calculated by Samsung's damages expert.

"It is unfortunate that patent law can be manipulated to give one company a monopoly over rectangles with rounded corners, or technology that is being improved every day by Samsung and other companies," Samsung said.

The Korean company has asked for a retrial with adequate time to prepare and fair treatment of all parties. "The Court's constraints on trial time, witnesses and exhibits were unprecedented for a patent case of this complexity and magnitude, and prevented Samsung from presenting a full and fair case in response to Apple's many claims," it said.




User Comments: 9

Got something to say? Post a comment
Chazz said:

I understand Apple wants to respect and honor Steve Jobs and his wishes but, they need to drop this beef. It will only hurt their reputation and potentially affect their company in a very negative way. They don't want to end up losing to Microsoft and Google because they decided to be childish.

2 people like this | Burty117 Burty117, TechSpot Chancellor, said:

Love the Samsung vs Apple picture :P

Guest said:

Well it is interesting how minions try to convince the world that it is apples reputation that is on the line just for once protecting their intellectual property. Americans are such ******. I believe there is a thing in law called unfair competition by copy and undercut. Means you copy a product and try to sell it for cheap for you saved on paying royalty. This is what Apple is fighting for one. So they don't get destroyed like before. Their reputation is not in question ever. But you pirating Americans are so used to copying programs and not respecting intellectual property that it is perfectly normal to you to even destroy your own company. All the business flees your country for this reason. U.S. economy was destroyed by the greedy American consumer. Always wanting things for cheap and sue anyone for the wrong reasons. When someone is sued for the right reasons it is criticized out of existence. America is upside down.

Guest said:

That will help to reach this:

[link]

Camikazi said:

Well it is interesting how minions try to convince the world that it is apples reputation that is on the line just for once protecting their intellectual property. Americans are such ******. I believe there is a thing in law called unfair competition by copy and undercut. Means you copy a product and try to sell it for cheap for you saved on paying royalty. This is what Apple is fighting for one. So they don't get destroyed like before. Their reputation is not in question ever. But you pirating Americans are so used to copying programs and not respecting intellectual property that it is perfectly normal to you to even destroy your own company. All the business flees your country for this reason. U.S. economy was destroyed by the greedy American consumer. Always wanting things for cheap and sue anyone for the wrong reasons. When someone is sued for the right reasons it is criticized out of existence. America is upside down.

Apple is suing because they seem to think they own certain shapes or effects (not how to make the effect but the effect itself) which shouldn't be patentable at all. Nature has beat us to rounded squares, rectangles and the bounce when you get to the end (throw something off a high cliff and watch) so those shouldn't be patentable. Then again Apple is just doing this to get rid of their main rivals and not because they are being copied since they do just as much copying (hello notification bar). As for undercutting, last I checked Apple and most all other top end Android phones sell for the same price so no that isn't right. O yea one last thing, the iPhone tends to sell out all over the world so stop using the word "American" to try and blame us cause your own people have contributed to whatever perceived slight you are arguing about

dennis777 dennis777 said:

Patent laws makers are the evil ones, they allow such loopholes that Apple abuses.

MilwaukeeMike said:

Patent laws makers are the evil ones, they allow such loopholes that Apple abuses.

The people who made patent laws all died before the internet was even a figment of Al Gore's imagination. I'm not sure they had digital devices in mind.

Patent laws are a mark of a civilized society, but Apple takes them to the extreme. One of the samsung phones that was guilty of copying has a slide out keyboard. The whole case was as much an example of a jury's ignorance as it was a farce of the patent laws. There are many laws on the books that aren't enforced because they're useless. Stuff like spitting on the sidewalk in some states, or even a scented Christmas tree in your car hanging from your rearview mirror (blocks your vision while driving afterall).

Apple is hitting Samsung with equally ridiculous charges.

Guest said:

>Patent laws are a mark of a civilized society

Depends on a point of view, I for one think that patent laws as they are now are a mark of a capitalistic and economy centered society first and foremost.

In my definition of a truly civilized society all information and innovation would be freely shared inside a country/nation, leading to even more rapid development of upgrades and new technologies/concepts and multiplying. But of course I also realize that such a place is highly idealistic and will likely never happen (not to mention completely screw up current model of economy), and I do recognize that key technologies need to be protected to allow the developer to make enough revenue out of them to continue funding his research/production and so on.

Emphasis on key technologies though, not patenting some random bullshit you think up without working prototypes, patenting broad concepts or making deliberately vague patent definitions to take advantage of multiple emerging technologies. The system that was originally developed for industrial era inventors is now outdated, it was not made with multinational corporations or digital technologies in mind, and the current patents and given out and judged by people who are not only semi senile (70-80 year of judges), but also do not understand all the implications of their decisions - how can they, even even the majority of the younger generation dont or care to. The system is abused as hell, probably on the same level as lobbying and a few others. All of these things are needed of course, but are in dire need of an update, too bad it will never happen given the huge levels of bureaucracy and paid opposing interests we have practically everywhere these days.

In a way, certain parts of the patent law are just legalized ways for companies to bent the rules in their favor, just like the lobbying system could in some ways be called legalized bribing. Places like China and Russia may be a lot more chaotic than US, but its really not much different here, everything has just been trimmed down to suit interested parties and then made legal.

Tinfoil hat On.

Jay Pfoutz Jay Pfoutz, Malware Helper, said:

Love the Samsung vs Apple picture :p

Exactly, let the rivalry continue.

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