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Apple, Samsung demand changes to $1B verdict

By Paul Elias

Associated Press


SAN FRANCISCO » Neither side in a bitter patent battle is satisfied with Apple Inc.'s $1 billion jury verdict over Samsung Electronics Co. after a three-week trial this summer.

Samsung wants a new trial. Apple is seeking an additional $707 million in damages and interest.

The two companies filed a blizzard of legal papers late Friday and early today with their demands that a federal judge in San Jose significantly amend — or toss out altogether — the jury's Aug. 24 verdict.

The jury found that 26 Samsung products ripped off Apple's technology at the heart of its iPhones and iPads.

"Samsung made a calculated business decision to copy the industrial designs, graphical user interfaces, and touchscreen navigation technology of the iPhone and iPad," Apple lawyers wrote in court papers, arguing for the additional damages. "Samsung has reaped extraordinary rewards from its wrongful sale of iPhone and iPad clones by taking market share, revenues, and profits from Apple."

The Apple lawyers contend that the "massive damage to the iPhone's distinctive product identity caused by Samsung's sale of millions of iPhone clones is irreversible."

U.S. District Judge Lucy Koh has scheduled a Dec. 6 hearing to discuss the myriad issues raised by both companies. Samsung says it will appeal if Koh turns down its demands.

The two companies are locked in a ferocious struggle for supremacy in the global smartphone market. Samsung is the worldwide leaders in smartphone sales, securing a market share of 33 percent in the second quarter, up from 17 percent a year ago. Apple's fell slightly to 17 percent, from 19 percent a year ago.

Apple accuses Samsung of essentially selling knockoffs of the Cupertino-based company's iPhones. Apple filed a lawsuit in San Jose federal court, alleging patent infringement. It was the latest legal action between the two companies, who are battling in courts in 10 countries over smartphone technology.

On Friday, Samsung asked the San Jose judge for a new trial. The company's lawyer argued that the jury's verdict was unreasonable and unsupported by the testimony and evidence. The company's lawyers also complained that the judge's strict constraints on the number of witnesses and testimony time deprived it of a fair trial.

"The Court's constraints on trial time, witnesses and exhibits were unprecedented for a patent case of this complexity and magnitude, and prevented Samsung from presenting a full and fair case in response to Apple's many claims," the company's lawyer wrote in court documents.

Representatives of both companies couldn't be reached for comment.

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localguy wrote:
Apple has to be the most spoiled brat, whiny, snot nosed little punk in the retail business. Hey Apple, try calling 1 800 whaaaa.
on September 22,2012 | 01:30PM
niimi wrote:
Just boycott Apple as I have for 30 years. Not missing a thing. Saved a lot of money.
on September 22,2012 | 02:13PM
SteveToo wrote:
I agree w/the two above. Never did like Apple and their high priced electronics. I've been a PC man since they came out. Funny thing is about 30 years ago I sold about 20 shares of Apple and bought Tandy. Big mistake as far as money goes.
on September 22,2012 | 04:47PM
poidragon wrote:
The only losers in this legal battle of Tit for Tat, is the consumer! I have never bothered to own an Apple I-phone, I-pad or even bothered to consider buying an I-pod, as these products were all over priced and unnecessary for my lifestyle; these products do nothing for me, in trying to cover my rent on a monthly basis, nor do they put food on the table for my family. In point of fact, one thing these companies should remember, is that I don't need Apple or Samsung, but they need me, to buy their products, which I will not do........................!
on September 22,2012 | 05:19PM
Christopher_murp wrote:
2 things I always detested about Apple are it's high prices as well as it's inability to accept nearly every other manufacturers gadgets. Everyone loves to bash MS, but at least there is a lot of competition on the hardware and software. Makes me think that Apple users might just be happy with someone else dictating other parts of their lives also. I'll admit that Apple does have the graphics side down, but if you are just a normal user that doesn't do lots of art or film, and are willing to learn a little bit about the device you are using, why would you willingly lock yourself in to one manufacturer and shell out tons of money that isn't necessary?
on September 23,2012 | 06:18AM
hangman wrote:
This article, as all other articles in the U.S. conveniently failed to mention the fact that Apply was only able to win a favorable verdict in the U.S. Apple vs. Samsung court case in Tokyo, Japan ruled that Samsung did not infringe on Apple's technology or design. Similar case in Lodon, UK, court ruled that Samsung did not either infringe or copy apple's technology. German' court also ruled that Samsung did not either infringe or copy Apple's technology. Court in Seoul, South Korea ruled in a split decision. Court in Australia, ruled that Samsung did not either infringe or copy Apple's pattern or technology, etc. The list goes on and on, etc. In short, only place that Apple has been not only able to win but a lopsided case at that is Apple's home country in U.S., and home state of California. Yet, American media consistently and conveniently leaves out this important fact. hangman,
on September 23,2012 | 01:43PM
serious wrote:
Doesn't matter if you like Apple or not, it's the stock to buy. I bought it years ago. Took some of the proceeds to buy my house, and just sitting back and watch it soar. They make the best products in the world!!! Best minds at work.
on September 23,2012 | 02:36PM
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