Print 63 comment(s) - last by nocturne_81.. on Sep 21 at 7:28 PM

  (Source: New Line Cinema)
Why not just ask Samsung to give up all its money?

Samsung Electronics Comp., Ltd. (KSC:005930) is still reeling from a massive $1.05B USD jury verdict loss to Apple, Inc. (AAPL) in Californian federal court.  Now Apple has added insult to injury, asking a judge to triple the damages.  If the judge accepts Samsung would now owe Apple over $3B USD.

I. Apple Looks to Triple Its Court Payday

The request comes due to federal rules regarding "willful" infringement.  In such cases, the plaintiff is allowed to request that a judge multiply the damages as a punishment to the infringer.  As the jury ruled that Samsung not only infringed, but also did so "willfully", Apple was eligible to make such a request.

A report in the Korea Times quotes an unnamed "senior legal executive" as saying, "By using that condition, Apple has decided to request the judge to order Samsung to pay more than $3 billion in the hearing on the San Jose verdict on Sept. 21 in California.  The decision means Apple want to quickly address the harm that Samsung’s infringing products are said to be causing. As has been the case throughout this trial, Apple is pressing its full advantage over the jurors’ decision."

Another legal source was quoted as saying that Apple is simply trying to levy more severe provisions against Samsung in an effort to kick it out of the market.  That source argues no amount of damages will satisfy Apple until it can kick its rival out.

Red card
Sources say Apple won't be satisfied until it kicks Samsung out of the market. [Image Source: AFP]

Comments the source, "Apple lawyers still believe Samsung should pull its popular Galaxy line of devices including smartphones and tablets from the United States and leave the market to proprietary handsets from Apple and Microsoft."

II. Kicking Out a Bigger Competitor

Currently, Samsung outsells Apple's smartphones 2-to-1 globally.  If Apple can indeed "kick Samsung out" of the global market (or at least the lucrative U.S. market), it could go on to dominate the smartphone market.

Samsung, however, is bracing itself for a tough fight to try to prevent that from happening.  It's countering Apple's request to Judge Lucy Koh, the presiding judge in the case, with a counter-request to toss parts of the jury verdict, reducing the damages.  If it cannot succeed, it will drag the case into the U.S. Federal Appeals Courts.

Samsung smartphones
Some say despite the pending bans, Samsung may be able to stay ahead of Apple.
[Image Source: Reuters]

Judge Koh this week upheld a ban on Samsung's Galaxy Tab 10.1 in the U.S.

The South Korean phone maker is also hedging its bets, increasing its Windows Phone 8 offerings.  Jumping ship from Google Inc.'s (GOOG) Android operating system to Microsoft Corp.'s (MSFT) Windows Phone 8 could offer an easy escape route for Samsung, as Apple presumably can't sue Windows Phone makers due to its cross-licensing pact with Microsoft.

Source: The Korea Times

Comments     Threshold

This article is over a month old, voting and posting comments is disabled

By GotThumbs on 9/19/2012 12:35:54 PM , Rating: 5
What I would simply LLLLLLL OOOOOO VVVVVV EEEEE is if the judge calls Apple on its greediness and says.....

"You just lost everything. Not one dollar goes to Apple"

By quiksilvr on 9/19/2012 12:54:14 PM , Rating: 5
In a fair world, that is what SHOULD happen.

NONE (I repeat) NONE of these patents have any merit or legal standing whatsoever. Shape, icon arrangement, multitouch, etc. are either already public domain or are so vague that it should not have been a patent to begin with.

Hopefully these patents get thrown out because this would be a slippery slope against other Android devices.

By Falacer on 9/19/2012 1:31:31 PM , Rating: 4
Apple will continue to exploit the flaws in the Copyright Law system until it is address or someone slaps them in the mouth (so to speak). I dont see any other tech companies that can/will do that.

By Amiga500 on 9/19/2012 2:30:25 PM , Rating: 1
Judge Amiga500 says (in Amiga-land)

If you cannot describe a shape numerically, then you should not be able to patent it as no effort has went in to developing it.

Apple have not described their shapes numerically.

Therefore, Apple have no IP worth protecting in that instance.

However, there are significant amounts of common sense in Amiga-land, which obviously does not apply within the legal profession.

By quiksilvr on 9/19/2012 2:52:39 PM , Rating: 5
Any patent regarding touch, multitouch, touch to zoom, pinch to zoom, etc. is public domain:

As for their design patents, rectangular screens with black border and curved edges has been done since the days of 2001: A Space Odyssey.

And gridded icons? Gimme a break:

By retrospooty on 9/19/2012 3:22:11 PM , Rating: 4
IT seems that most thinking people agree.

By Mint on 9/19/2012 8:56:25 PM , Rating: 2
That's awesome.

Reminds me of Patrick Moore, cofounder of Greenpeace, railing against his former organization for their anti-nuclear stance. IMO they're the single most responsible entity for CO2 emissions (not that I care much) and air pollution (bigger issue).

By Old_Fogie_Late_Bloomer on 9/19/2012 1:25:54 PM , Rating: 2
Well, I doubt (or at least, I hope) that Samsung will even be paying the original billion, much less three of them. This will get dragged up the appeals system and I imagine a lot of Apple's "victory" will get thrown out.

By rudolphna on 9/19/2012 5:55:34 PM , Rating: 2
This is hoenstly what I'm expecting to happen. No way Judge Koh wouldn't look at this raise an eyebrow and be all "Oh no you di'int" <insert awesome black woman head bob here>

"My sex life is pretty good" -- Steve Jobs' random musings during the 2010 D8 conference

Latest Headlines

Most Popular Articles5 Cases for iPhone 7 and 7 iPhone Plus
September 18, 2016, 10:08 AM
Automaker Porsche may expand range of Panamera Coupe design.
September 18, 2016, 11:00 AM
Walmart may get "Robot Shopping Carts?"
September 17, 2016, 6:01 AM
No More Turtlenecks - Try Snakables
September 19, 2016, 7:44 AM
ADHD Diagnosis and Treatment in Children: Problem or Paranoia?
September 19, 2016, 5:30 AM

Copyright 2016 DailyTech LLC. - RSS Feed | Advertise | About Us | Ethics | FAQ | Terms, Conditions & Privacy Information | Kristopher Kubicki