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Friday, 7 December 2012 - Apple, Samsung spar in court, ruling to come |
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      Edition: U.S. Arabic Argentina Brazil Canada China France Germany India Italy Japan Latin America Mexico Russia Spain United Kingdom Home Business Business Home Economy Technology Media Small Business Legal Deals Earnings Social Pulse Business Video The Freeland File Aerospace & Defense Investing Simplified Markets Markets Home U.S. Markets European Markets Asian Markets Global Market Data Indices M&A Stocks Bonds Currencies Commodities Futures Funds peHUB Dividends World World Home U.S. Brazil China Euro Zone Japan Africa Mexico Russia India Insight World Video Reuters Investigates Decoder Politics Politics Home Supreme Court Politics Video Tech Technology Home MediaFile Science Tech Video Tech Tonic Social Pulse Opinion Opinion Home Chrystia Freeland John Lloyd Felix Salmon Jack Shafer David Rohde Nader Mousavizadeh Lucy P. 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See the best of Reuters photography.  See more | Photo caption  Fishing for shark fin The Ocean Sunset hunts sharks as well as other fish for their meat and fins off the cost of Canada.  Slideshow  Pregnant princess Princess Kate, Duchess of Cambridge, leaves the hospital.   Slideshow  Sponsored Links Apple, Samsung spar in court, ruling to come Tweet Share this Email Print Related News Apple, Samsung face off in court again Thu, Dec 6 2012 New Galaxy phone may have unbreakable screen Thu, Dec 6 2012 Bend it like Samsung: new Galaxy phone may have unbreakable screen Thu, Dec 6 2012 Apple's shares swallow biggest loss in four years Wed, Dec 5 2012 Dow, S&P rise, but Nasdaq sours with Apple in wild day Wed, Dec 5 2012 Analysis & Opinion Counterparties: Return of the Mac In gene case, SCOTUS to confront Federal Circuit on patentability Related Topics Tech » Media » South Korea » iPad » U.S. District Judge Lucy Koh listens to Apple attorney Michael Jacobs as Apple lead counsel Harold McElhinney (R) looks on during court proceedings in San Jose, California, December 6, 2012. Credit: Reuters/Vicki Behringer By Noel Randewich SAN JOSE, California | Thu Dec 6, 2012 9:15pm EST SAN JOSE, California (Reuters) - Apple Inc and Samsung Electronics squared off again in court on Thursday, as the iPhone maker tried to convince a U.S. district judge to ban sales of a number of the South Korean company's devices and defended its $1.05 billion jury award. Apple scored a sweeping legal victory in August at the conclusion of its landmark case against its arch-foe, when a U.S. jury found Samsung had copied critical features of the iPhone and iPad and awarded it damages. Both sides re-convened on Thursday. U.S. District Judge Lucy Koh listened to a range of arguments on topics from setting aside the jury's findings on liability to alleged juror misconduct and the requested injunction. The hearing concluded with Koh promising to rule at a later date. Twenty-four of Samsung's smartphones were found to have infringed on Apple's patents, while two of Samsung's tablets were cleared of similar allegations. Koh began by questioning the basis for some of the damages awarded by the jury, putting Apple's lawyers on the defensive. "I don't see how you can evaluate the aggregate verdict without looking at the pieces," Koh said. Samsung's lawyers argued the ruling against it should be "reverse engineered" to be sure the $1.05 billion was legally arrived at by the jury and said that on that basis, the amount should be slashed. Apple countered that the ruling was reasonable. "Assuming I disagree with you, what do I do about Captivate, Continuum, Droid Charge, Epic 4G, and Gem?" Koh asked Apple's lawyers, referring to the jury's calculation of damages regarding some of Samsung's devices. FIERCEST RIVAL Samsung is Apple's fiercest global business rival and their battle for consumers' allegiance is helping shape the landscape of the booming smartphone and tablet industry -- a fight that has claimed several high-profile victims, including Nokia. While the trial was deemed a resounding victory for Apple, the company has since seen its market value shrink as uncertainty grows about its ability to continue fending off an assault by Samsung and other Google Inc Android gadgets on its home turf. Apple's stock has nosedived 18 percent since the August 24 verdict, while Samsung's has gained around 16 percent. Most of the devices facing injunction are older and, in some cases, out of the market. Such injunctions have been key for companies trying to increase their leverage in courtroom patent fights. In October, a U.S. appeals court overturned a pretrial sales ban against Samsung's Galaxy Nexus smartphone, dealing a setback to Apple's battle against Google Inc's increasingly popular mobile software. Some analysts say Apple's willingness to license patents to Taiwan's HTC could convince Koh it does not need the injunction, as the two companies could arrive at a licensing deal. Apple is also attempting to add more than $500 million to the $1 billion judgment because the jury found Samsung willfully infringed on its patents. A Samsung lawyer argued against willful damages and said the base amount for calculating any potential willful damages should be just $10 million. Samsung wants the verdict overturned, saying the jury foreman did not disclose that he was once in litigation with Seagate Technology, a company that Samsung has invested in. "He should have been excused for cause," said Samsung lawyer Charles Verhoeven. "Such a juror was a juror in name only." The juror misconduct charge is "unlikely to have much traction," said Christopher Carani, a partner at Chicago-based intellectual property law firm McAndrews, Held & Malloy, Ltd. Both Apple and Samsung have filed separate lawsuits covering newer products, including the Samsung Galaxy Note II. That case is pending in U.S. District Court in San Jose and is set for trial in 2014. (Reporting By Noel Randewich; Editing by Kim Coghill) Tech Media South Korea iPad Related Quotes and News Company Price Related News Tweet this Link this Share this Digg this Email Reprints   We welcome comments that advance the story through relevant opinion, anecdotes, links and data. If you see a comment that you believe is irrelevant or inappropriate, you can flag it to our editors by using the report abuse links. Views expressed in the comments do not represent those of Reuters. For more information on our comment policy, see http://blogs.reuters.com/fulldisclosure/2010/09/27/toward-a-more-thoughtful-conversation-on-stories/ Comments (0) Be the first to comment on reuters.com. Add yours using the box above.   Edition: U.S. Arabic Argentina Brazil Canada China France Germany India Italy Japan Latin America Mexico Russia Spain United Kingdom Back to top Reuters.com Business Markets World Politics Technology Opinion Money Pictures Videos Site Index Legal Bankruptcy Law California Legal New York Legal Securities Law Support & Contact Support Corrections Connect with Reuters Twitter   Facebook   LinkedIn   RSS   Podcast   Newsletters   Mobile About Privacy Policy Terms of Use AdChoices Copyright Our Flagship financial information platform incorporating Reuters Insider An ultra-low latency infrastructure for electronic trading and data distribution A connected approach to governance, risk and compliance Our next generation legal research platform Our global tax workstation Thomsonreuters.com About Thomson Reuters Investor Relations Careers Contact Us   Thomson Reuters is the world's largest international multimedia news agency, providing investing news, world news, business news, technology news, headline news, small business news, news alerts, personal finance, stock market, and mutual funds information available on Reuters.com, video, mobile, and interactive television platforms. Thomson Reuters journalists are subject to an Editorial Handbook which requires fair presentation and disclosure of relevant interests. NYSE and AMEX quotes delayed by at least 20 minutes. Nasdaq delayed by at least 15 minutes. For a complete list of exchanges and delays, please click here.

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