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Apple pushes for new Samsung trial

As the two vendors continue to bicker over last summer's $1.05bn award against Samsung, Apple wants retrial rather than appeal

By CAROLINE GABRIEL

Published: 28 March, 2013

READ MORE: US | Samsung | Apple | Patents/IPR | Handset

Apple CEO Tim Cook was making conciliatory noises about the patent wars last fall, but now the company has gone hardline again, seeking yet another trial in its interminable battle with Samsung. Apple has asked for a new trial which would derail its rival's bid to win an appeal against the previous landmark case in San Jose, California.

That trial, the most significant of the score of proceedings between the two firms in various countries, ended with a jury awarding $1.05bn in damages to Apple. However, Judge Lucy Koh reduced that amount by $450.5m, saying the jury had set the amount based on faulty understanding of the legal and IPR issues involved. She left the door open for both companies to appeal her ruling. Samsung wants the case to be put on hold and Apple thinks an appeals court case would "


Instead, it wants a new trial with a new jury and has added some new items. For instance, it has filed a motion to show that Samsung sold two products within the period permissible for design infringement, contrary to Koh's original findings. If those claims, which relate to the Galaxy S II AT&T and Infuse 4G, are correct, that could add tens of millions of dollars to the original damages award, potentially reaching a total of $685m, according to patents expert Florian Mueller of FOSS Patents.

Apple is also requesting that, if Koh wants to put the combatants through the appeals process before a new trial takes place, she should consider reinstating this compensation.

Of course, the real issue for Apple is not the money but the ability to hurt Samsung's sales by creating uncertainty around key devices and even achieving sales bans in key markets - though most of those, where awarded (mainly in some European countries and in Australia) have been reversed or have applied to products which are already outdated.

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