Saturday 22 September 2012

Apple seeks new court order that could banSamsung Galaxy SIII from sale in the U.S.


Apple has asked for a court order for a permanent U.S. sales ban on Samsung Electronics products alleged to have violated its patents along with additional damages of $707 million on top of the billion-dollar verdict won by the iPhone maker last month.
Samsung has responded by asking for a new trial.
The world's top two smartphone makers are locked in patent battles in 10 countries as they vie for top spot in the lucrative, fast-growing market.
Apple scored a legal victory over Samsung in late August when a U.S. jury found that the Korean firm had copied critical features of the iPhone and awarded the U.S. firm $1.05 billion in damages.


In a motion filed late Friday U.S. time, Apple sought a further $400 million damage award for design infringement by Samsung; $135 million for willful infringement of its utility patents; $121 million in supplemental damages based on Samsung's product sales not covered in the jury's deliberation; and $50 million of prejudgment interest on damages through December 31. The requests together come to $707 million.
Facing a ban: The Samsung Galaxy S3
Apple wants the injunction to cover "any of the infringing products or any other product with a feature or features not more than colorably different from any of the infringing feature or features in any of the Infringing Products."

Facing a ban: The Samsung Galaxy S3
Such a wide-ranging sales ban could result in the extension of the injunction to cover Samsung's brand-new Galaxy S III smartphone.
Samsung, in a filing to the U.S. court, asked for a new trial to be held.
"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," Samsung said.
"Samsung therefore respectfully requests that the Court grant a new trial enabling adequate time and even-handed treatment of the parties."
In a separate statement, Samsung lamented the fact that patent rulings should cover issues such as the shape of the product in addition to technological points. Read More

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