FRESH TROUBLE: Apple seeks ban of Samsung sales in US

Apple Inc has asked for a court order for a
permanent U.S. sales ban on Samsung
Electronics products alleged to have
violated its patents along with additional
damages of $707 million on top of the
billion-dollar verdict won by the iPhone
maker last month.
Samsung has responded by asking for a new
The world’s top two smartphone makers are
locked in patent battles in 10 countries as they
vie for top spot in the lucrative, fast-growing
Apple scored a legal victory over Samsung in
late August when a U.S. jury found that the
Korean firm had copied critical features of the
iPhone and awarded the U.S. firm $1.05 billion in
In a motion filed late Friday U.S. time, Apple
sought a further $400 million damage award for
design infringement by Samsung; $135 million
for willful infringement of its utility patents;
$121 million in supplemental damages based on
Samsung’s product sales not covered in the
jury’s deliberation; and $50 million of
prejudgment interest on damages through
December 31. The requests together come 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.”
Such a wide-ranging sales ban could result in
the extension of the injunction to cover
Samsung’s brand-new Galaxy S III smartphone.
Samsung, in a filing to the U.S. court, 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,”
Samsung said.
“Samsung therefore respectfully requests that
the Court grant a new trial enabling adequate
time and even-handed treatment of the parties.”
In a separate statement, Samsung lamented the
fact that patent rulings should cover issues such
as the shape of the product in addition to
technological points.
“It is unfortunate that patent law can be
manipulated to give one company a monopoly
over rectangles with rounded corners, or
technology that is being improved every day by
Samsung and other companies,” it said.
The Korean firm earlier this week said it plans to
add Apple’s new iPhone 5 to the existing U.S.
patent lawsuits, stepping up its legal challenge
as the two companies seek to assert rights to
key technologies.
Apple said it wanted the court to award it
damages that reflect “a rational and fair effort
to address Samsung’s willful misconduct that
has and will impose lasting harm on Apple.”
The Korean firm was the world’s top smartphone
maker in the second quarter of this year,
shipping more than 50 million phones, nearly
double Apple’s 26 million iPhone shipments.
Both companies are raising their marketing
spending to promote their latest products ahead
of the year-end shopping season.::

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