Apple seeks yet another new trial against Samsung

It's never going to end between the two tech giants.
Written by Charlie Osborne, Contributing Writer

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

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

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