Apple seeks yet another new trial against Samsung

Apple seeks yet another new trial against Samsung

Summary: It's never going to end between the two tech giants.

SHARE:
TOPICS: Apple, Legal, Samsung
46

Apple has asked to proceed with a new trial against Samsung in an attempt to scupper its rival from succeeding with an appeal.

samsung_galaxy_s_2_270x306
Credit: Samsung

The iPad and iPhone maker wishes to go ahead with a new trial on 14 Samsung products, as reported by Bloomberg. After being granted $1.05 billion in damages, Apple's patent-infringement compensation was overturned by U.S. judge Lucy Koh, who quashed the jury's verdict and reduced the amount by $450.5 million.

The fracas in the San Jose court left the judge to suggest that the original damage award was based on a faulty understanding of the legal and patent issues involved, and that if the two firms weren't happy, they should try the appeals court.

Samsung has requested that the case be put on hold. Apple, in response, believes that an appeals court battle would "likely lead to a remand without a substantive decision."

As noted by FOSS Patents' Florian Mueller, the vacation of such a large amount means that a new trial and new jury is required. Apple has also filed a motion to show that two products were sold within the period permissible for design infringement — in contest to Koh's original findings.

Although the legal area and time allotment is slippery, if Apple's claims concerning the Samsung's Galaxy S II AT&T and Infuse 4G are correct, this could add tens of millions to the original damages award, potentially reaching a total of $685 million, $85 million of which coming from the two additional smartphone models. The tech giant has requested that if Koh wants Samsung to go through the appeals process before a new trial takes place, the judge should consider reinstating this compensation.

Continued disputes over alleged patent infringement have taken place worldwide between the two rival smartphone and tablet makers. The most high-profile dispute fell largely in favor of Apple, which accused its South Korean rival of "slavishly" copying their devices. The trial was concluded after three days' deliberation on August 24.

Apple Motion to Reconsider

Topics: Apple, Legal, Samsung

Kick off your day with ZDNet's daily email newsletter. It's the freshest tech news and opinion, served hot. Get it.

Talkback

46 comments
Log in or register to join the discussion
  • die, Rotten Apple!!

    you rotten Apple, please, die:
    "Apple censores your personal emails"
    "Apple eBook price fixing lawsuit - because of Apple we have to pay more for eBooks in the whole world"
    "Because of the trust Apple+Microsoft+Adobe you have to pay more for IT in Australia."
    "40% of iOS popular apps invade your privacy without any permission."
    "FBI files: STEVE JOBS was a lying, power hungry, mad man."

    etc., etc., see:
    bit [dot] ly/RYzOPP
    anywherehome
    • nowherehome

      Literally every single thing you wrote is either a straight-up fabrication or a gross misinterpretation of facts and events you clearly don't comprehend.
      buddhistMonkey
      • dont lie, please :)

        its not coincidence that there is a lot, thousands articles about immoral behaviour of Apple all over the world ;)
        so don't lie, thank you :)
        anywherehome
        • ...and?

          So this so called worldwide condemnation on the "immoral behavior of Apple" justifies SAMESUNG copying and thievery? Where would SAMESUNG be today without free Android?
          bmovie2
          • dont lie, please :)

            Samsung was accused of copying a rectangle, which Apple stole ;)
            and other patents of Apple has been invalidated because Apple is just a thief and patented it, like Jobs said"

            "we are shameless about stealing.....and we patented it" ;)
            so this is the truth, you are just a lie :)
            anywherehome
          • All bow down to anywherehome.

            You've just confirmed that you are a jackass.
            bmovie2
          • I know that facts hurts someone ;-)

            I know that facts hurts someone ;-)
            anywherehome
          • So the Galaxy phones are slavish imitation...

            Of those huge slabs o' plastic Apple puts out? My 3 Year old neice can tell they're nothing like each other any more than any two car models on the road are alike. There are only so many ways to make a phone and the "tablet phone" idea was not Apples in the first place. To be granted patents as broad as this indicates a failure of the patent system for not filtering out "current art", which cannot be patented... especially after the fact.
            RyuDarragh
          • Which came first...

            the 4inch iPhone 5 in 2012 or the 4inch Galaxy S from over two years earlier?

            And where would Apple be without all those Samsung components...?

            Remind me who is supposed to be copying who?
            Lord Minty
        • Post proof

          If you can.
          athynz
          • hehe

            post proof its not true if you can ;)
            anywherehome
      • He only made 5 statements

        If they are THAT wrong, it should be extremely easy for you to counter them.

        But you can't. Instead, you went with the insult.

        Very telling, very telling.
        toddbottom3
      • Under the Rock

        If you don't want to keep up with the current and past happenings, crawl back under the rock. Apple is fast becoming another MS, with dirty underhanded tricks, and anti-competitive behaviour. Not at all in the interests of consumers, only serving the interests of GREED and MALICE.
        bigpicture
    • Your pseudonym should be "isanyonehome?"

      But point by point:

      "you rotten Apple, please, die:"

      Cute... but why?

      "Apple censores your personal emails"

      Oh really? how? Because I've NEVER had any of my emails - work or personal - censored by Apple. Cough up some proof if you can.

      "Apple eBook price fixing lawsuit - because of Apple we have to pay more for eBooks in the whole world"

      Right. Becasue Amazon WASN'T price fixing ebooks... bull. Next.

      "Because of the trust Apple+Microsoft+Adobe you have to pay more for IT in Australia."

      BUZZ! Wrong! It's the ridiculous taxes Austrailia imposes.

      "40% of iOS popular apps invade your privacy without any permission."

      Post proof of this. Or even come up with a list of apps that do this.

      "FBI files: STEVE JOBS was a lying, power hungry, mad man."

      What FBI files? Yes he was a control freak and had anger issues. You appear to have issues with the truth.

      "etc., etc., see:
      bit [dot] ly/RYzOPP"

      Yeah like anyone here would be dumb enough to click on that link.
      athynz
      • He was right with almost every single one

        1. Censoring email:
        http://www.digitaltrends.com/computing/apple-censors-emails-in-the-cloud/

        Anyone trying to report child pornography would have their email silently never reach its destination.

        2. ebook price fixing:
        All of apple's collaborators have admitted that they did this with apple. If YOU can find proof that Amazon has been price fixing, YOU post it. But don't even bother because "apple didn't do it and as proof, I give you that Amazon has" is not logical.

        3. Australia IT:
        You are probably correct but a determination has yet to be made. Still, probably not right to mention this one as being apple's fault. Yet.

        4. 40% of ios apps leak info:
        10 seconds on Bing revealed this:
        http://www.phonearena.com/news/40-of-iOS-apps-invade-your-privacy-without-permission-reveals-app-before-getting-pulled_id32483

        5. steve jobs FBI file:
        This one is very well known.
        http://articles.washingtonpost.com/2012-02-09/business/35445532_1_fbi-files-steve-jobs-apple-and-jobs
        "“Several individuals questioned Mr. Jobs’s honesty stating that Mr. Jobs will twist the truth and distort reality in order to achieve his goals,” according to the FBI file."

        athynz: you are the one that has issues with the truth. Defend the hive. Defend the hive.
        toddbottom3
        • With regard to 3. Australia IT:

          ...yes he is wrong. In Apple's defence, they claim it's the contents owners that cause higher prices in iTunes, so they are the ones rorting the public. They're still happy to take their 30% on the higher price, however. And they have recently dropped their OSX hardware pricing so that they are only slightly more expensive than the US.
          That doesn't really bother me because I refuse to be a customer.

          MS have blatently admitted that they charge more in Australia and we can all go hang.

          Adobe refuse to talk about it, but charge massive markup on Australian digital downloads (way more than 10% of GST).

          In general Australia pays more for everything that's imported (if you purchase through the 'correct' or 'approved' channels.) That's why there's a huge 'grey imports' market here. The difference with software and content is that there's no physical product to move around, so there's no tangible excuse for charging differently.
          Pachanga-4184c
        • Blissful Ignorance

          anywherehome and toddy are not far from the truth.
          Most Apple users are simply blissfully ignorant.
          warboat
        • Oh Toddy!

          "Anyone trying to report child pornography would have their email silently never reach its destination."

          This is one of your top 10 best twists EVER! I can't imagine ANY scenario where "Anyone trying to report child pornography" would use the phrase "barely legal teen" in their report to whomever. You MUST put that crack pipe down buddy!!
          Gr8Music
    • Jobs

      Don't forget that Jobs was also a bitchy person who abused those who worked for him.
      eddzpc@...
      • So, don't work for him!

        I won't either. Problem solved.
        mlashinsky@...