December 6, 2012
Samsung Challenges Court Ruling To Pay Apple $1 Billion For Infringement
Michael Harper for redOrbit.com — Your Universe Online
In August, Samsung was famously ordered to pay a sum of more than $1 billion to Apple for infringing on some of their design patents. However, this ruling has in no way brought an end to the battle between the two companies.
In the few months following the decision, Apple and Samsung have already begun preparing themselves for another trial, set to take place in 2014, adding a number of each others´ products which they wish to ban. Samsung has even cried foul on the $1-billion ruling, saying the jury foreman in the August trial lied about his past and had a bias against the South Korean company.
Today, these two tech titans are back in Judge Koh´s courtroom to settle some remaining issues. Samsung is seeking to pay much less than $1 billion, citing jury misconduct by foreman Velvin Hogan and even trying to persuade Koh to send the case back for a retrial. And lawyers for both companies will be fighting to have each other´s products banned from the U.S. as a result of this patent suit.
Apple is seeking to have a total of 26 Samsung products banned, including various iterations of their Galaxy smartphone and tablets. As many of these Galaxy devices are already outdated by today´s rapid technological standards, it´s likely such a ban wouldn´t mean much financial harm for Samsung. Should Apple win an injunction against any newer products, however, Samsung will have to change the way these devices work in order to work around the ban and keep these devices on the shelves. While an injunction against older products might not do much harm to Samsung, it will provide more ammo and momentum for Apple as they head into other patent battles all across the globe.
When this case went to trial in August, Apple had been asking for $2.75 billion in damages as opposed to the $1 billion which was ultimately awarded. While Samsung is fighting to have this penalty drastically reduced, Apple is asking for even more money to be tacked on to the tune of $707 million.
The Cupertino company is asking for $400 million to be paid out for Samsung´s infringement on their design, $121 million in supplemental damages based on those Samsung products which weren´t covered in the summer trial, and another $50 million of interest on the damages through the end of the year.
Samsung returned fire by requesting a retrial, claiming Velvin Hogan misled the court about his past. During the jury selection process, each potential juror was asked to disclose any legal matters they had been involved in during the previous 10 years. In 1993, almost 20 years into the past, Mr. Hogan had been sued by Seagate, a company with whom Samsung claims to have a significant relationship. This previous lawsuit with a Samsung associate may have made Mr. Hogan biased against Samsung, claims the South Korean company.
“Mr. Hogan´s failure to disclose the Seagate suit raises issues of bias that Samsung should have been allowed to explore,” explained Samsung in an October statement.
Judge Koh will allow Samsung to further question Mr. Hogan to determine whether his failure to disclose this information constitutes misconduct of the jury.
Christal Sheppard, an assistant professor of law at the University of Nebraska College of Law, spoke with the Wall Street Journal about the issue and says that this tactic by Samsung is a long shot.
"I don't think this will go anywhere but Samsung has to put forward anything they possibly can,” said Sheppard.