Apple-Samsung legal row may see S3 ban

US iPhone maker seeks additional $707m payout

Tags: Apple IncorporatedSamsung Electronics CompanySouth KoreaUSA
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Apple-Samsung legal row may see S3 ban Any ban may extend to Samsung's recently launched Galaxy S3.
By  Stephen McBride Published  September 23, 2012

Apple Inc is seeking a court order that would place a permanent ban on US sales of Samsung products deemed to have breached patent regulations by copying key iPhone features. The ban may extend to Samsung's recently launched Galaxy S3.

In the latest episode of a legal saga that has spanned four continents and 10 countries, the California-based iPhone maker is also asking for an additional $707m in damages to accompany the $1bn awarded to it last month in the same patent battle.

Apple's damage assessment breaks down to: $400m for design infringement; $135m for infringement of utility patents; $121m in supplemental damages based on Samsung product sales not considered by the jury; and $50m of interest payments dating from December 31 to the day of the court's original award.

"The harm to Apple was deliberate, not accidental," Apple lawyers said in court papers filed on Friday in the US District Court in San Jose, California. Samsung "willfully diluted its trade dress, taking billions in sales in the fast-growing US smartphone market at a key moment in the transition between feature phones and smartphones," lawyers argued.

Legal representatives are pushing for the ban to cover "any of the infringing products or any other product with a feature or features not more than colorably [sic] different from any of the infringing feature or features in any of the Infringing Products".

Samsung's response was to file for a new hearing as it claims the first trial was rushed, providing inadequate coverage of the "complexity and magnitude" of the issues. The South Korean electronics vendor also expressed disappointment that matters of shape should feature in patent hearings alongside technological features.

"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.

According to Reuters, the South Korean firm shipped more than 50m handsets in the second quarter of this year, nearly double Apple's 26m iPhone shipments.

2374 days ago

It is so amazing that an evil corporation that is so arrogant, greedy, no social ethics can have so many "faithful" followers. Consider these:
1. Foxconn issue, where is your CSR Apple?
2. While Bill Gates donates billion $$ of his assets to charity, IBM, Google and others are continuously supporting many non charitable organization, while Steve Jobs canceled charity program that was existed in Apple when he came back to lead Apple. I would not want to criticize the guy's character but the fact that Apple is one of the biggest when Steve Jobs was still in reign and now they are the biggest company but lack of charity effort just emphasizing my point about pure GREED.
3. Apple sued a German Cafe (Apfelkind) for logo that is not even close. Apple also sue Polish grocery selling fresh produces for same reason.
4. Apple outsource its manufacturing to be 100% out of US. Apple also sidesteps (--evades) billion $$ of tax by creating a small office in tax free or low tax countries (virgin Island,Luxembourg, etc). While the rest of the world may not care about this but this is what Apple would do to your country if it is a company of your country.
5. The list go on and on not to mention those bogus patents to stop competition so that Apple can keep milking the $$ from its customers.
Surely one can argue many other corporations use foxconn, outsource their manufacturing, sidestep tax to maximize profit, sue others, etc, but have you ever heard any company that is so complete in every way to do whatever it takes to fulfill its GREED?
Even an Apple supported wrote in

Wake up people, you are not blind followers easily bait with those marketing gimmicks, just because someone has it does not mean you have to have it. Seek your conscience. Be morally responsible to yourself and your children, do not support such Evil company.

The ruling in California court is a total joke, a mockery of justice, no basic decency whatsoever. the argument that someone can mistakenly bought a Samsung thinking it is an Apple is just plain ridiculous and defies any logic.
That kind of person must be so dumb, illiterate and so lazy cant even read "SAMSUNG" which is prominently display on either side of the phone/tablet. Switch it on, anyone can see if it is an iOS of Android. For God sake cannot the person just open the mouth and ask if it is his/her beloved Apple before parting with $600? Is that a such dumb person? Maybe the judge Lucy Koh and the member of jury had such experience.
Should the law and the whole American justice system protect such person and sacrificing million other consumers?

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