Judge Koh Forces Samsung to Make Unit Sales Public in Apple Infringement Case
January 2, 2013 1:22 PM
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Samsung says release damages it competitively; federal judge says "too bad", sides with local firm, Apple
While Samsung Electronics Comp., Ltd. (
) and Apple, Inc. (
) are still preparing to
square off for a second major patent infringement case
, both companies are also actively engrossed in battling over damages in the first case, which saw Apple found innocent of infringement and Samsung guilty of
$1.05B USD in willful infringement
U.S. District Court for the Northern District of California
Judge Lucy Koh
gave Samsung a bit of a boost in December when she
rejected Apple's request to ban sales
of 26 Samsung "Galaxy" products, writing that Apple failed to prove that Samsung's infringement drove the demand for Samsung products.
But she's still in the process of finalizing how much Samsung should have to pay Apple.
And this week she dealt Samsung a blow,
a request by Samsung to seal the results of a Dec. 10 request she made to Samsung. Judge Koh had asked Samsung last month to reveal unit sales of certain products over certain time periods. It is unknown what models precisely were requested, but they likely included the Galaxy S and Galaxy S II smartphones -- centerpieces of Apple's first infringement case against Samsung.
Samsung had pleaded with Judge Koh to keep those details out of the public eye, arguing that it would damage it from a competitive perspective. Judge Koh had little sympathy for the South Korean electronics company, though, siding with local firm Apple, who argued the information should be made public regardless of the damage to its rival.
Apple is pushing Judge Koh to
triple the damages
to over $3B USD, which can be done in certain cases if the infringement was deemed "willful". Samsung, meanwhile, is urging Judge Koh to trim the settlement, pointing out that the
U.S. Patent and Trademark Office
has filed preliminary invalidation rulings regarding
two of the
key Apple utility patents
involved in the case.
Thus at this point damages could go in any direction. For now all that is clear is that we'll soon be learning some new information on Samsung sales and that for now no Samsung products are banned.
This article is over a month old, voting and posting comments is disabled
RE: Glad to see it
1/3/2013 11:10:49 AM
I don't understand where you are coming from or what impression you get when you mis-read everything others say and then post against it.
#1, I don't hate Apple. I said it was an issue and they handled it in an arrogant way with the "you are holding it wrong" comment. You went all sorts of sideways at that comment. You have done this before. You take one comment and pigeon hole the person that made it as if it was their life's philosophy. Sorry, I am more dynamic than that. I like Apple for thier contributions and I dislike them for thier arrogance and politics. What of it? What I said above is a fact. Steve Jobs did say that about the issue, while his engineers got busy and fixed it. It was an arrogant thing to say. I personally commend Apple for their contributions to the industry and thank them for the iPhone. It was leaps and bounds better than anything else on the market at the time and it literally forced everyone else to raise their games. We all benefit from that. We all benefit from their push on higher resolutions too. thanks again Apple. Does that sound like something an Apple hater would say? Like anything else, they do some good and some bad moves. Overall, a good force in the industry. I can say I don't like Steve Jobs crappy comment and I don't like Apple's ridiculously hippo-critical lawsuits. That doesn't make me a hater, it makes me observant and human and very normal in that regard. Any normal person would look at that and agree. Only a nut would get all bent about it and fgeel some strange need to defend a company.
#2. I never said it was
"universal problem with all iPhone 4s"
just that it was a problem and they fixed it. Again, you got bent at the mere assertion that it was a problem. Sorry again, it was a problem and that is a fact.
RE: Glad to see it
1/3/2013 11:35:48 AM
This is where my last post was meant to go. But somehow it got misplaced to another poster's comment.
RE: Glad to see it
1/3/2013 11:43:13 AM
Then we mainly agree other than the part about how Apple is being "stolen" from.
I would argue that Apple "stealing" the whole smartphone idea from Palm and RIMM was far more ofa major theft than Samsung "stealing" rounded corners, packaging material and slide to unlock (by the way Apple "stole" that too). If you see both sides so well, you need to focus that razor sharp sense of yours on Apple too eh?
Whatever though. I am done with your nonsense.
"What would I do? I'd shut it down and give the money back to the shareholders." -- Michael Dell, after being asked what to do with Apple Computer in 1997
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