In a December 17 ruling, U.S. District Judge Lucy H. Koh stated that California consumer electronics maker Apple failed to show that stolen technology was the driving force behind many Samsung mobile products. Even though Samsung was found to have infringed on six Apple patents the judge ruled that it was not in the public interest to ban the products in the US because the stolen technology only amounted to a fraction of the entire device. After that ruling, Apple requested that it should received additional damages from Samsung and is now awaiting a response.
Originally the jury had given Apple a $1.05 billion settlement but Apple has now asked Judge Koh to add another $536 million to the total. Samsung has argued that the amount needs to be reduced by $600 million. Koh did have a hearing to discuss the matter on December 6 but no ruling was given at the time.
Carl Howe, a Yankee Group analyst, says that, “There’s not going to be any knockout punches between these two competitors. Injunctions can be knockouts. This is going to be a war of money.”
Samsung and Apple have been waging court battles around the world for dominance of a Yankee Group estimated $346 billion a year mobile market. Both sides have won ruling in their favour but neither has scored a solid win that will topple their competitor.
When Koh’s ruling became public, Samsung quickly announced that it would not further pursue its efforts to stop sales of Apple products in Europe where the Korean manufacturer is being probed for antitrust issues by European regulators. These moves may make the two smartphone makers work towards a conclusion with their litigations.
David Long, a patent lawyer with Dow Lohnes PLLC, syas that, “There will be some settlement of some sort and all this stuff is just going to dictate who’s going to provide a bit more money than the other. All this court stuff is just posturing.”
When Apple won the San Jose verdict, it said that Samsung had made a calculated move to copy Apple’s design because they thought the benefits of the stolen technology outweighed any damages they would have to pay. At the time they asked for a ban and more money from the jury.
On the other hand, Samsung’s lawyer, Kathleen Sullivan, asked that the damages be reduced by $600 million. She said that the jury’s calculations were correct the verdict form that was used was not “particularized” enough to allow for the correct damages on a product-by-product basis. The lawyer stated that, “You should reverse engineer” to make sure the damages are “causally connected to the evidence.”
Source: Business Insider
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