In the fight for global market share the two tech giants, Apple and Samsung, clashed once again in court yesterday. Apple pushed to add unreleased Samsung mobile products to a permanent US sales ban, while Samsung then asked the judge to reject Apple's request that would affect more than 25 of its products.
During the December 6 hearing, US District Judge Lucy Koh listened to Apple's arguments that a jury already found Samsung guilty of infringing on six of its patents which justifies its request for a permanent sales ban, Bloomberg reports.
Interestingly though: the trial started with Koh saying "while the jury was precise and consistent in calculating infringement damages for 28 different Samsung products, the method used by the nine-member panel may have been mistaken," and asked both sides whether the award should stand.
Her words seem to be in line with Samsung's previous claims that the jury was wrong as the majority of the South Korean company's products mentioned in the trial do not infringe an Apple design patents. Apple indeed filed a terminal disclaimer for US Design Patent D618,677, as a reply to Samsung's motion claiming Apple's patent no. '677 is invalid for obviousness-type double patenting over US Patent No. D593,087.
Still, from Apple's perspective "there is enough evidence in the record to justify that damage award" so that verdict should be upheld, Apple's lawyer Harold McElhinny said yesterday.
Samsung, on the other hand wants the damages to be reduced by as much as $600 million, although Kathleen Sullivan, a lawyer for Samsung admitted that the jury was precise. She argued that although she doesn't question the jury's preciseness, it was hampered by a verdict form that, against Samsung's wishes wasn't particularized enough to permit jurors to properly arrive at damages on a product-by-product basis.
Samsung is asking the judge to overrule the jury's previous findings on infringement of Apple's patents, arguing that there is no proof showing the company's willful infringement of Apple's patents.
The trial is very important for both parties, as a recent IDC report highlighted that Android currently owns 68.3% of market share, compared to 18.8% for Apple. In addition, the most popular manufacturer in the US is Samsung, while Apple ranks behind them in the second spot.
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