Apple, Samsung demand changes to $1B verdict

Sep 23, 2012 by Paul Elias

(AP)—Neither side in a bitter patent battle is satisfied with Apple Inc.'s $1 billion jury verdict over Samsung Electronics Co. after a three-week trial this summer.

Samsung wants a new trial. is seeking an additional $707 million in damages and interest.

The two companies filed a blizzard of legal papers late Friday and early Saturday with their demands that a federal judge in San Jose significantly amend—or toss out altogether—the jury's Aug. 24 verdict.

The jury found that 26 Samsung products ripped off Apple's technology at the heart of its iPhones and iPads.

"Samsung made a calculated business decision to copy the industrial designs, graphical user interfaces, and touchscreen navigation technology of the and iPad," Apple lawyers wrote in court papers, arguing for the additional damages. "Samsung has reaped extraordinary rewards from its wrongful sale of iPhone and clones by taking market share, revenues, and profits from Apple."

The Apple lawyers contend that the "massive damage to the iPhone's distinctive product identity caused by Samsung's sale of millions of iPhone clones is irreversible."

U.S. District Judge Lucy Koh has scheduled a Dec. 6 hearing to discuss the myriad issues raised by both companies. Samsung says it will appeal if Koh turns down its demands.

The two companies are locked in a ferocious struggle for supremacy in the global smartphone market. Samsung is the worldwide leaders in smartphone sales, securing a market share of 33 percent in the second quarter, up from 17 percent a year ago. Apple's fell slightly to 17 percent, from 19 percent a year ago.

Apple accuses Samsung of essentially selling knockoffs of the Cupertino-based company's iPhones. Apple filed a lawsuit in San Jose federal court, alleging . It was the latest legal action between the two companies, who are battling in courts in 10 countries over smartphone technology.

On Friday, Samsung asked the San Jose judge for a new trial. The company's lawyer argued that the jury's verdict was unreasonable and unsupported by the testimony and evidence. The company's lawyers also complained that the judge's strict constraints on the number of witnesses and testimony time deprived it of a fair trial.

"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," the company's lawyer wrote in court documents.

Representatives of both companies couldn't be reached for comment.

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User comments : 2

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Lurker2358
5 / 5 (3) Sep 23, 2012
Wow.

I guess Apple thinks they own everything, eh?

The rights to touch screens, GUI, and "small handheld device with rounded corners" are apparently all owned by Apple.

I can't believe a jury would side with them, unless they were bought off or something.

All smartphones have those features, and touch screens were first invented decades ago.
Technophebe
not rated yet Sep 24, 2012
The problem here is that Apple was granted these ludicrous patents, which means that in a technical sense, they *do* own the rights to these things. As a juror, even if it is blindingly clear to you that the patents are absurd, your job is to make a judgement based on those patents as if they are 100% valid. The judgement call on the validity of Apple's claim to "devices with rounded corners" has already been made (incorrectly in a lot of people's opinion I think) by the patent office.

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