Apple Vs Samsung Lawsuit: Apple Seeks Additional $707 Million in Damages, U.S. Sales Ban On 29 Samsung Devices
After winning US$1 million in damages against Samsung in a hard-fought case in August, Apple appears to be asking for an additional $707 million in damages in a motion filed late Friday, ITWorld reported.
Furthermore, Apple is seeking a permanent ban on the sale of 26 Samsung smartphones and three tablets, while Samsung is arguing for a new trial stating the awarded damages should be reduced "at a minimum," by $35 million.
Apple wants a $400 million damage award for design infringement by Samsung, $135 million for wilful infringement of utility patents, $121 million in supplemental damages and $50 million preadjustment interest on damages through Dec.31, Reuters reported. The requests total up to $707 million.
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," according to Reuters.
Apple also requested a new trial or amended judgement finding that the iPad and iPad2 design is protected and is infringed by Samsung's Galaxy Tab 10.1 and also ruling that wide range of Samsung phones infringe on Apple patents, ITWorld added.
In a separate filing to the U.S. court, Samsung 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," it said, according to Reuters.
"Samsung therefore respectfully requests that the Court grant a new trial enabling adequate time and even-handed treatment of the parties."
A final ruling on the case is expected Dec. 6. According to intellectual property expert Florian Mueller of Foss Patents, Apple's list of exemplary infringing products includes:
· Captivate
· Continuum
· Droid Charge
· Epic 4G
· Exhibit 4G
· Fascinate
· Galaxy Ace
· Galaxy Prevail
· Galaxy S
· Galaxy S 4G
· Galaxy S II (AT&T)
· Galaxy S II (i9000)
· Galaxy Tab
· Galaxy Tab 10.1 (Wi-fi)
· Gem
· Indulge
· Infuse
· Mesmerize
· Nexus S 4G
· Replenish
· Vibrant
· Galaxy S II (T-Mobile)
· Transform
· Galaxy S Showcase
· Galaxy S II (Epic 4G Touch)
· Galaxy S II (Skyrocket)
Mueller also adds in his blog post: "If Apple's motion for a permanent injunction is granted, Samsung will also have to avoid infringement of the relevant intellectual property rights with any other products, including the Galaxy S III. Judge [Lucy] Koh has previously granted Apple two 'colorable difference' injunctions against Samsung, and the wording proposed by Apple is consistent with the approach established by the Federal Circuit in its TiVo v. Echostar opinion."
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