Apple wants $707 million more from Samsung while Samsung is taking iPhone 5 to court

In typical frenemy fashion, Apple and Samsung are once again bumping heads in court (not that they ever stopped). Recently Apple was awarded $1 billion in a lawsuit against Samsung. Apple has now filed with the court that it wants an additional $707 million on top of that — $400 million for design infringement, $135 for willful utility patent infringement, $121 million for damages caused by Samsung sales that occurred in between the trial start and end, $50 million in interest.

On top of that extra cash, Apple is asking for a permanent ban on “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”. In other words, Apple basically wants to ban every single damn Samsung mobile device in the United States right now, regardless of if it was part of the trial or not.

In response, Samsung filed a motion to get a retrial. Samsung says:

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 therefore respectfully requests that the Court grant a new trial enabling adequate time and even-handed treatment of the parties.

It remains to be seen what happens when the post-trial hearings take place.

In a related but different development, Samsung has filed a motion of its intention to add iPhone 5 to the list of devices it claims are infringing on Samsung patents:

Based on information currently available, Samsung expects the iPhone 5 will infringe the asserted Samsung patents-in-suit in the same way as the other accused iPhone models. Samsung anticipates that it will file, in the near future, a motion to amend its infringement contentions to add the iPhone 5 as an accused product, as soon as it has had a reasonable opportunity to analyze the device.

It is important to note the lawsuit in which Samsung is adding iPhone 5 to the list is different than the lawsuit that Samsung lost last month. This lawsuit is set to go to trial in 2014 and it includes eight patent claims by both Apple and Samsung. This is the same lawsuit that Apple earlier amended to add the Galaxy S III, Galaxy Note, and Galaxy Note 10.1 to.

Is it just me or do Apple and Samsung sound like bickering children now?

[via HuffPost (1), (2)]

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6 comments

  1. J.L.

    Only miseducated children and misguided adults think who started it doesn’t matter. Of course it matters, how else would this whole thing begin?!
    Should Samsung just let itself be beaten, and hope the laws that betray them finally gives mercy or properly reforms?
    Should we scrap self-defence laws altogether, and be helpless maidens in distress, hoping for the handsome policeman on white (amongst other colours) cars?

    You forgot to mention the roles of these ‘bickering’ children.

  2. John Smith

    @mukhi:

    Apple, an innovator?
    The only thing they innovated is bullying and patent trolling, other than that, they are always behind, and then present you yesterday’s technology packaged withe their marketing for much higher price that you would pay somewhere else.

  3. Horrabin

    Samsung (and by extension, all companies making Android products) is but engaging in self-defense here. Apple’s sole aim is to put all competition out of business if it has any connection to Android. Many people I’ve talked to (at least in the US, dunno about elsewhere) haven’t given any thought about what it’s costing us, the consumers, aside from the obvious issue of choice. MY money and YOUR money is being wasted in ridiculous amounts here due to the fact that all the courts’ time and resources is being paid for out of OUR TAXES, not a lucky Lotto win or some such. All Apple is losing is money they have plenty of already (to feed the lawyers) , and there’s plenty more where that came from apparently, especially if they do manage to get most of everyone else’s products banned entirely. We lose out what it costs the courts to deal with this nonsense. Why should we pay stupid money out to set in stone that Apple has sole rights to “rectangles with rounded corners” and things like screens where something happens if you push a little colored picture a certain way. What’s next, Gillette suing everyone else and forcing all razor companies to sell us sharp stones instead because they made the first safety razor and everyone else copied it? Geez…. if you can’t ell the difference between 2 phones or tablets by at least reading the manual or (what a concept!) looking at the logos on them, you should go back to living in caves and give up all pretense to the name “sapiens”.
    I will never buy an Apple product in what remains of my life.
    /end opinion piece/

  4. mukhi

    whoa! can’t believe that two companies known to be the innovators and world leaders in the field they are working can’t think about anything else but patent infringement now.
    i wish for sake of consumers’ interest, the court could dismiss all these paltry cases, and order both the companies to focus on customers.