The Freeland File
Aerospace & Defense
Global Market Data
Lucy P. Marcus
The Great Debate
Macro & Markets
Lipper Awards 2012
Personal Finance Video
Marijuana goes legal in Washington state amid mixed messages
Romney campaign had $25.7 million left after U.S. election
06 Dec 2012
Philippines buries dead, typhoon toll hits 418
Google to charge small businesses for Web-based Apps software
06 Dec 2012
Special Report: Amazon's billion-dollar tax shield
06 Dec 2012
Egyptian protesters breach presidential palace cordon
IRS aims to clarify investment income tax under healthcare law
Obama takes ”fiscal cliff” on the road; Republicans stew
Our day's top images, in-depth photo essays and offbeat slices of life. 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
Princess Kate, Duchess of Cambridge, leaves the hospital. Slideshow
Apple, Samsung spar in court, ruling to come
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
South Korea »
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.
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)
Related Quotes and News
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/
Be the first to comment on reuters.com.
Add yours using the box above.
Back to top
New York Legal
Support & Contact
Connect with Reuters
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
About Thomson Reuters
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.