Apple-Samsung legal row may see S3 ban
US iPhone maker seeks additional $707m payout
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.