Apple seeks further US$707m from Samsung and perpetual ban of 26 smartphones in US

24 Sep 2012

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.

In August, a jury found that 26 Samsung products infringed Apple’s patents and awarded more than US$1bn in damages.

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.”

John Kennedy is a journalist who served as editor of Silicon Republic for 17 years