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May 26, 2014

Apple Seeks Yet Another Samsung Device Ban

Image courtesy of (Stuart Miles)/ FreeDigitalPhotos.net

Apple just won’t give up in its bid to have arch-rival Samsung’s devices banned in the United States.

The iPhone maker has once again filed for a permanent injunction against nine of Samsung’s Smartphones and tablets, although the South Korean firm’s big sellers — the Galaxy S4 and Galaxy S5 — would not be affected.

Apple says the sale of Samsung’s products — all of which have been proven to breach its patents — continue to harm the company, despite a U.S. jury ordering Samsung to shell out $119.6 million for violating two patents. It was not a complete victory for Apple, however, because the sum awarded by the jury was less than 10 percent of the $2 billion the company actually asked for.

Despite the payout coming its way, Apple is saying it will “suffer irreparable harm if Samsung continues its use of the infringing features.”

The company, in its complaint, said that “monetary damages cannot adequately compensate Apple for this resulting irreparable harm, and that the balance of equities and public interest favor entry of a permanent injunction.”

It is up to U.S. federal district court judge Lucy Koh if the ban will go ahead.

Koh, however, has already denied several requests by Apple to implement a permanent U.S. sales ban on the devices found to breach Apple’s patents, saying the firm “has not established that it is entitled to the permanent injunction it seeks.”

Apple has not stopped at its request for an injunction, however. It is also asking for a retrial on the damages portion of the case in the hopes it will receive closer to the $2.2 billion it had been anticipating.

“Samsung’s improper and prejudicial statements to the jury warrant a new trial on infringement for the ‘414 and ‘959 patents (in the event that the Court does not grant JMOL of infringement), a new trial on willfulness for all patents other than the ‘721 patent (and also other than the ‘647 patent if the Court grants JMOL of willfulness for that patent), and a new trial on damages for all five of Apple’s asserted patents,” reads Apple’s filling.

“Apple respectfully seeks a further order granting it (1) enhanced damages of $203,362,500, bringing the total award to $322,987,500; (2) supplemental damages through  judgment; and (3) prejudgment interest of $6,468,029 through July 10, 2014, with an additional $11,040.36 in prejudgment interest for each additional day prior to entry of judgment.”

FOSS Patents intellectual property analyst Florian Mueller says it is unlikely Apple’s claims of prejudice are strong enough to convince Koh to sanction a retrial.


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Jennifer Cowan is the Managing Editor for SiteProNews.

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