Apple Goes for the Jugular, Asks Judge to Triple Samsung Damages to $3B
September 19, 2012 12:24 PM
comment(s) - last by
(Source: New Line Cinema)
Why not just ask Samsung to give up all its money?
Samsung Electronics Comp., Ltd. (
) is still reeling from a
massive $1.05B USD jury verdict
loss to Apple, Inc. (
) 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.
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.
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
. 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.
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 (
) Android operating system to Microsoft Corp.'s (
) 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
The Korea Times
This article is over a month old, voting and posting comments is disabled
RE: I don't understand...
9/19/2012 4:32:47 PM
I've been coming to this site for 2 years now. After reading the articles I usually end up reading the comments section. Quite frankly, some of you give Tony quite a lot of crap, undeservedly so. Tony is quite capable of defending his train of thought but I just wanted some of you to know, from an outsider looking in, the Tony bashing is a bit overboard.
Tony, I may not always agree with your post but they are well written. I actually enjoy your comments. Some of you others, not so much!
RE: I don't understand...
9/20/2012 3:46:42 AM
Did you miss the "/sarcasm" tag?
RE: I don't understand...
9/20/2012 11:10:50 AM
Thats Ok Mum, I've got it covered
love & XXXXX
"There's no chance that the iPhone is going to get any significant market share. No chance." -- Microsoft CEO Steve Ballmer
Ban Upheld on Galaxy Tab 10.1 Despite Jury Verdict
September 19, 2012, 8:17 AM
Apple Moves to Ban More Samsung Devices in U.S.; Samsung "Mimicry" Questioned in South Korea
September 4, 2012, 11:44 AM
Samsung Announces 4.8", Aluminum-bodied Windows Phone 8 Device
August 29, 2012, 11:55 AM
Doomsday for Samsung in U.S., Jury Rules it Slavishly Infringed Apple's Patents
August 24, 2012, 5:56 PM
Apple and Microsoft's Licensing Pact Spells Out Cloning Taboo
August 14, 2012, 1:24 PM
Report: Next-Generation Surface RT Tablet to Feature Qualcomm's Snapdragon Processor
June 19, 2013, 8:41 AM
Google Starts Testing Balloons to Provide Internet Service to Ground Users
June 19, 2013, 8:20 AM
Lenovo Introduces $900, 15" ThinkPad S531 Ultrabook
June 18, 2013, 3:46 PM
Just How Powerful is the Xbox One? Microsoft is Confused
June 18, 2013, 11:30 AM
Microsoft Offering Schools/Colleges $199 Surface RT Tablets
June 18, 2013, 10:24 AM
Quick Note: First "Apple Approved" iOS Game Controller Pictured
June 17, 2013, 10:20 AM
Most Popular Articles
Source: Don't Worry, NSA Spies on "99 Percent" of Americans' Locations, Call Records
June 14, 2013, 3:57 PM
Xbox Chief: If You Can't Get Online, Don't Buy an Xbox One
June 12, 2013, 9:57 AM
GigaHertz Wars 2.0? AMD Releases World's First 5.0 GHz FX Processor
June 11, 2013, 3:16 PM
Former Palm CEO: Selling Palm to HP was a Waste
June 12, 2013, 10:19 AM
Report: Apple to Release Larger iPhone Screens, Cheaper iPhone for $99
June 13, 2013, 9:41 AM
Latest Blog Posts
Lumosity: Does it Work?
May 22, 2013, 8:20 PM
Quick Note: Sony "Teases" PS4 Ahead of Xbox Reveal in New Video
May 20, 2013, 12:33 PM
Nokia Introduces Instagram-Like App of Its Own to Help Lumia Sales
May 20, 2013, 7:10 AM
Parents of Pre-Teen Drivers Commonly Practice Distracted Driving Says Study
May 9, 2013, 7:16 AM
Apple's iOS 7 Running Into Internal Delays Due to Massive Overhaul
May 1, 2013, 4:26 PM
More Blog Posts
Copyright 2013 DailyTech LLC. -
Terms, Conditions & Privacy Information