Apple and Samsung dispute US$1 billion payout verdict

Apple and Samsung dispute US$1 billion payout verdict

Summary: Apple wants more money, while Samsung wants a new trial.

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Neither Apple nor Samsung are happy with the US$1 billion payout figure that was set after their US copyright infringement case concluded last month.

In late August, a US court ruled in favour of Apple in a copyright infringement case against Samsung. The jury decided that the Korean electronics vendor should pay just over US$1 billion for infringing Apple patents with some of its mobile devices, including the Samsung Galaxy S and the Galaxy Tab 10.1.

According to FOSS Patents, documents filed by Apple lawyers show that the vendor doesn't believe US$1 billion is enough, and is seeking an additional US$707 million in damages — US$135 million under the Patent Act and US$400 million under the Lanham Act — as well as more damages payments based on Samsung sales and other additional costs.

Meanwhile, Samsung has requested a new trial, claiming that it wasn't given a fair go during the legal proceedings. The Korean vendor has also found inconsistencies in the way the jury came up with the US$1 billion payout figure.

US District Judge Lucy Koh has set a hearing date on 6 December to let both vendors argue their cases.

Topics: Legal, Apple, Mobility, Samsung

Spandas Lui

About Spandas Lui

Spandas forayed into tech journalism in 2009 as a fresh university graduate spurring her passion for all things tech. Based in Australia, Spandas covers enterprise and business IT.

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19 comments
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  • Short letter to Honorable Judge Lucy Koh

    Dear Honorable Judge:
    fyi, the pot was calling the kettle black.
    Apple stole the trademarked Swiss clock while accusing Samsung of stealing their cellphone's design.

    Sincerely,
    Ed Edvil
    • How about this one!

      Judge Koh!

      You should have let all the evidence in the first time instead of wasting tax payer money!

      Pete
      slickjim
  • We get to await December

    Till then the most telling aspect is the plethora of rulings in the other direction overseas.
    Makes on question the functionality of the US Court system.....
    rhonin
  • Hey.... ED EDVIL

    Apple WILL and CAN pay Swiss their license fees which is not a problem. Samsung (Samsuck) is a stealing alllll the companies designs since 1960-1970's and THEN copycats all "APPLIANCE", now computer... then phone. They should back off and leave all companies alone. Samsuck need to stop being a bigshot and bragging how wonderful they are.... Do your homework, Dude!!!
    applerocks
    • Say what?

      Strange we must living on different planets. I continually get surprised at just how big Samsung is because I hardly ever see there ad's. Apple on the other hand seems to be always in everyone's face going on about how they invented everything.
      Oh and I only own 1 Samsung product in my home so am not a fanboi.
      Won't by Apple product as I don't like there closed infrastructure.
      martin_js
    • applesucks big time

      apparently only thing apple is good at now is suing other companies and getting money from them. Apple is actually a Chinese company pretending like american company so that they can get sympathetic and stupid american juries voting for them. This whole thing make me feel sick. i made a mistake of ordering a mac and it took 5 days to arrive in US because it was getting shipped all the way from China.
      applesucksss
      • Troll much?

        n/t
        athynz
    • Wow are you reall that big of a moron?

      you have your eye's glued shut when it comes to anything apple does and just accept the fact they claim they came up with it first. You really need to take a look around, Apple didn't go 99% of things they claim to first. the iphone design? samsung had device that looked almost identical to it 1 year before hand, even patents appel sued samsung over, had prior art. Slide to unlock Microsoft had that 4 years BEFORE apple claimed to invented it. So please take your head outta sandy apple beach (you know what i really mean).
      cyk3
    • Samsung stealing all their designs

      I also don't know what planet you are on. Are you saying that the only company that can make a black rectangular phone with icons is the precious Apple. Most of these things are not new innovative concepts but just a collection of ideas not dissimilar to Televisions which all bear a striking resemblance to one another. If you would take the trouble to go out and put your iphone side by side with other smartphones on the market you would see the differences between them.

      I don't begrudge apple making money but their obsession with similarities infringing ridiculously wide patents is making them look really bad to everyone except their dedicated fan base.

      If they had invented the TV they would have tried to stop anyone else from making them and we would all be faced with buying ultra expensive Apple TV's. The shape and appearance of all smartphones is based on logical designs - just as the shape an appearance of hands free desk phones is similar.

      If Apple want to tackle copying then the place they should be is in China and the far East where you can buy copies of the iPhone which are more or less identical and some cases indistinguishable right down to the logo. The way they are heading they will have to take on almost every phone manufacturer out there and then move on to Google. If they hadn't done so pathetically badly then maybe Google could sue them for copying the idea of a maps app - as it stands the differences are embarrassingly obvious.

      Lastly what I really don't understand is why Apple fans see a need to defend everything that Apple do. Fine to protect a company that is putting consumer interests first or maybe you feel that smartphones should only be for those with the income to support a status symbol.

      If I was still an iPhone user as I used to be I would still think the same - I think they are very nice phones, I just don't like some of the features, so why shouldn't I be allowed to buy from a company that builds something similar but the the features I want.

      I just don't get how people get passionate about a phone or any other material product?
      cymru999
    • Are You Bloody Mental????

      @applerocks.

      You are certainly bloody deluded sunshine. You cant surely believe that "CRAPPLE" are bloody angels. They have been stealing others ideas and patents SINCE THEY FORMED!!!..... how about you do your own homework mate before you carry on like a 2yr old. Go jump on the "CRAPPLE" bandwagon elsewhere pal.
      GaryFox
  • Apple Samsung cannot play together in the sandbox

    They both stole the tablet idea from Moses. Now can we stop arguing about rectangles with rounded corners and sunflower icons?
    charlie4468
  • Apple vs Android

    I've owned apple and android products and I think its time to clear the air. Both companies are guilty of copying and each of them wouldn't be where they are today if they didn't. The sad fact is a broken patent system and greed are to blame for this. I used to love apple until they took an open source system and turned it into a closed charge you for everything capitalistic venture. Its sad, because the open customer first mentality was what drew me in. Then after having to over pay for their products, turned into them living for my pocket for everything like a spoiled kid that wants everything and that's only scratching the surface. Rome fell because of greed and decadence and same ending is in store for apple. I use Android now, and I'm very happy with it. Open source, the usability I'm looking for without being strung up like a puppet. The only thing I hope for is that Google learns from apples mistakes and keeps it open and lets me decide where my dollars get spent. But ultimately as long as apple and Google are competitors along with their subsidiarys, we the customers win because it pushes technology to evolve.
    He-Man Incorporated
  • Lucy Koh

    How is this... ...person... still involved? Move it out of this clown court and get a real one to judge the case on it's actual legal merits.
    Han CNX
    • better than that

      a judge who interprets law with common sense and in the public interest
      cymru999
  • The Judge Warned Them Both This Would Happen

    Remember she tried to get them to settle out of court, telling them they would very likely be unhappy with a trial verdict?

    Though I think Apple is just greedy to demand more. It will probably end up losing it all on appeal.
    ldo17
  • WRONG

    The article states that the case was about copyright. BUZZZ! Wrong.

    It was about patent infringement. Copyrights and patents are two completely separate issues. This case was about patents.
    roncemer
  • Again

    With using Florian Mueller as a reliable source - does he pay someone to throw his name or his blog into an article? Is the man ever right?
    athynz
  • Samsung should cut off Apple

    Samsung should stop making parts for apple phones the way cry-baby apple stopped using google maps. The more I read about apple, the more i hate them.
    labjr
  • Apple and Samsung

    What I find as a sad note to all this is that Apple is headquartered in the United States and Samsung is a Korean company headquartered in Korea. Why isn't the "Great" American company Apple having it's parts made in America? Why isn't any of the America phone companies making their own parts here in America? One more thing.....Apple stop crying, you have copied others but you do make up some good excuses to cover up your sad releases such as Maps and Siri.
    pjones2079