Apple And Samsung S 1 Billion Patent Battle Continues
The $1 billion patent dispute between Apple and Samsung picked copy in judicature in San Jose on Th, with each side disputation over problems with damages amounts, bans on product sales and allegations of dishonesty on the a part of the jury foreman.
In August, a nine-person jury awarded Apple simply quite $1 billion in damages from Samsung once 3 weeks of sophisticated and technical testimony. The jurors found that Samsung traced the iPhone and iPad styles for its own smartphone and pill models, and calculated the damages quantity victimisation 109 pages of jury directions and a 20-page finding of fact type.
Now Apple is pushing to extend the quantity of damages it had been awarded by many hundred million bucks, and to ban Samsung from mercantilism bound product that infringe on Apple patents.
Samsung is fighting to chip away at at the large settlement quantity or to own it thrown out. As a part of its strategy, the South Korean company is requesting a replacement trial, alleging that the foreman of the jury was wilfully dishonest by not divulging he was sued by his former leader in 1993, a corporation within which Samsung had invested with.
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Judge Australopithecus afarensis Koh did not create any rulings on the assorted post-trial motions on Th, however aforementioned she plans to issue the orders singly over subsequent month. A extended legal battle once a jury finding of fact isn't uncommon during a case this massive and sophisticated, and was expected by legal consultants.
"It shows that there's a careful process; the choose will get to review what the jury has done," says law academic Jay P. Kesan of the University of Illinois.
Each side is armed with spectacular and high-priced legal groups that are fighting smaller battles in alternative countries. whereas those legal prices ar probably astronomical, they're dwarfed by what is at stake: a worldwide smartphone market that's expected to be value $150 billion by 2014. Currently, solely five hundredth of mobile phones within the world ar smartphones, which implies there is a immense untapped market of potential smartphone customers.
The choose urged each side to succeed in a settlement, claiming it had been best for customers, the business and each parties.
"I assume it is time for international peace," she said.
However, a settlement still appearance unlikely at now -- each parties were created to satisfy before the trial began to debate a settlement however nothing came of it. In court on Th, Samsung indicated it had been willing to succeed in AN agreement, spoken language the ball was in Apple's court. Apple, however, needed additional. It aforementioned the awarded damages, that ar for past infringements, don't seem to be enough to discourage Samsung from repeating Apple patents in future smartphones and tablets.
"The key issue is whether or not there is about to be a final injunction. that is most likely the toughest issue for Apple to induce," aforementioned Kesan. He aforementioned the prospect of a trial was conjointly terribly remote.
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