On top of the US$1bn awarded by a jury against Samsung in a heady patent trial in recent weeks, Apple wants an additional US$707m in damages and interest.
According to court papers filed by Apple’s lawyers: “Samsung made a calculated business decision to copy the industrial designs, graphical user interfaces and touchscreen navigation technology of the iPhone and iPad. Samsung has reaped extraordinary rewards from its wrongful sale of iPhone and iPad clones by taking market share, revenues and profits from Apple.
“The massive damage to the iPhone’s distinctive product identity caused by Samsung’s sale of millions of iPhone clones is irreversible.”
In its papers filed on Friday, Samsung has asked for a completely new trial, arguing that the 24 August judgment was unreasonable and wasn’t backed up by sufficient testimony and evidence.
A hearing has been scheduled for 6 December by Judge Lucy Koh.
According to FOSS Patents, Apple’s award could go as high as US$1.9bn. “Apple’s argument is based not only on the jury’s finding of wilful infringement of most of the intellectual property rights involved but also on Samsung’s overall conduct, including litigation-related misconduct it was sanctioned for a few times.”
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