Apple calls for patent retrial to get bigger payout from Samsung

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Apple calls for patent retrial to get bigger payout from Samsung

Warwick Ashford

In the latest round of a global internecine patent battle, Apple has asked for a retrial after a US jury earlier this month ordered Samsung to pay $119.6m for infringing two patents.

Apple had sought $2.2bn, accusing Samsung of infringing five patents, including the "slide to unlock" feature of iPhones.

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The US company also filed a permanent injunction to prevent Samsung using the patents it was found to have infringed.

Samsung responded by filing court documents, but the contents have not been made public.

In the earlier trial, however, Samsung denied copying features of Apple’s mobile operating system and said it was Apple that had copied Samsung.

The jury found Apple had infringed some Samsung patents and awarded $158,000 in damages to the South Korean firm, which had sought $6m for infringing patents related to camera and video transmission.

Apple is calling for a retrial in an attempt to get more damages from Samsung, but intellectual property analyst Florian Mueller told the BBC that any new trial is unlikely to happen before an appeal of the original ruling.

Mueller believes judge Lucy Koh may make some minor amendments to the verdict, but then will let the parties appeal the unfavourable parts of the ruling to the Federal Circuit before any retrial.

International courtroom battles

The two companies have been suing and counter suing each other in several different countries over the past three years regarding alleged patent infringements.

The latest US court battle comes two years after a separate US jury ordered Samsung to pay Apple $930m, after finding it had used Apple technology, but the verdict is still being challenged by Samsung.

In August 2012, a US jury found Samsung guilty of infringing six Apple patents and awarded $1bn in damages in the most prominent of patent battles fought by the two companies. The award was later revised down to $840m.

Some commentators have said the two companies should call an end to their ongoing patent war because of the reputational damage it is causing to both.

Some commentators believe Apple may be losing its appetite for litigation as it has not filed a new US case against Samsung in more than two years.

Apple also recently settle a patent dispute with Google, opting instead to work with it rival on patent reform.


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