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Samsung filing confirms: Apple could seek even more damages in new trial

post #1 of 13
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Samsung's move to secure a new trial for part of the damages it owes Apple could lead to Apple netting an even higher judgement than the $1.05 billion it already won, as the South Korean conglomerate admitted in a court filing on Friday.

eh


Following Judge Lucy Koh's decision to vacate more than 40 percent of the initial $1.05 billion judgment against Samsung due to improper assignment of damages for some devices, Samsung has been pushing for a wholly new trial for the vacated figure.

Samsung's argument is that the matter is not so simple as having a new jury decide on a damages figure. The new jury, Samsung argues, must reconsider whether the 14 products included in the vacated sum actually infringe on Apple's patents.

On Saturday, FOSS Patents's Florian Mueller pointed out a Samsung filing from Friday. In the late-Friday filing, Samsung notes that "Apple can seek even more damages on these products in the new trial," should the court agree to a full retrial for the affected products.

The acknowledgement of potentially higher damages came in a reply brief meant to bolster its move for a partial final judgment and a stay pending appeal of that partial judgment. The filing also addressed Apple's recent filing pointing out a possible $85 million court error in vacating damages for the Galaxy S II AT&T and Infuse 4G.

post #2 of 13
I don't think the fact that Apple could get even more damages than it originally did was ever in dispute. It's been that way since day one. I personally think there's a distinct danger that's exactly what will happen too.

http://forums.appleinsider.com/t/156258/judge-vacates-40-of-jurys-1-05b-verdict-in-apple-v-samsung-u#post_2286370
Edited by Gatorguy - 3/30/13 at 3:29pm
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post #3 of 13
Quote:
Originally Posted by Gatorguy View Post

...personally think there's a distinct danger that's exactly what will happen too.

http://forums.appleinsider.com/t/156258/judge-vacates-40-of-jurys-1-05b-verdict-in-apple-v-samsung-u#post_2286370

Why did you just use the term 'danger'?

Did you just accidentally give away your true nature, instead of displaying your 'balanced' persona?

1wink.gif
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post #4 of 13
Danger? Danger's my middle name. Yeah baby!

Samsung bluffs about a new trial when they are counting their lucky stars for the present reduction in charges for the first trial. They'll not push for a new trial. And they'll accept the $85 million error.

In the press, they'll boast of exactly the opposite.
post #5 of 13

Even if they do lose again they won't stop producing their iDevice clones.

post #6 of 13
Samsung is just the worst player.
post #7 of 13
Quote:
Originally Posted by GTR View Post

Why did you just use the term 'danger'?

Did you just accidentally give away your true nature, instead of displaying your 'balanced' persona?

1wink.gif

I think there's more danger for Samsung than Apple in the re-trial on those specific handsets. I won't be at all surprised to see higher damages ordered. Samsung was plainly at fault and a re-trial won't change that. The only purpose of the trial will be to set how much Samsung owes Apple for those handsets, not whether they were guilty. That was already determined.
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post #8 of 13

The problem for Apple is any victory will be symbolic rather than financial.  This market has become so big that it is strategic in scope and no country will allow consolidation to limit the success of native manufacturers.  China is already putting the power and prestige of the communist party behind any obstructions to Apple's growing its success there.  The fix is in and Apple isn't the chosen winner.  I have been really wondering about Apple's ability to grow organically moving forward.  Apple has advantages, but it seems like the quality of the leadership is weaker as far as the ability to find outside talent.  Advertising is out of focus, cloud services are still too weak, China Mobile is seeking everyone but Apple, and the legal situation has become so delayed Samsung has already taken a chunk of Apples customers.  Justice delayed is justice denied.  

post #9 of 13
sami cant make any $ from there phones so they need to sue appl to make some $.... and thats even with appl supplying them with desings for there phones..
post #10 of 13
Quote:
Originally Posted by Gatorguy View Post

I think there's more danger for Samsung than Apple in the re-trial on those specific handsets. I won't be at all surprised to see higher damages ordered. Samsung was plainly at fault and a re-trial won't change that. The only purpose of the trial will be to set how much Samsung owes Apple for those handsets, not whether they were guilty. That was already determined.

 

It's funny.

 

As a person who believes that Apple is in the right in this case, and that Samsung has followed the strategy of many modern companies, and thrown their morality to the wind in the pursuit of more power and dollars, I don't think I would have used the term "danger" like you did.

 

I believe this to be a case of justice being served.

 

So I'd really love an explanation on why you used the term in a situation where, as you freely admit, Samsung was plainly at fault?


Edited by GTR - 3/31/13 at 7:19pm
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post #11 of 13
Quote:
Originally Posted by GTR View Post

It's funny.

As a person who believes that Apple is in the right in this case, and that Samsung has followed the strategy of many modern companies, and thrown their morality to the wind in the pursuit of more power and dollars, I don't think I would have used the term "danger" like you did.

I believe this to be a case of justice being served.

So I'd really love an explanation on why you used the term in a situation where, as you freely admit, Samsung was plainly at fault?

Huh. . . I wouldn't have used the phrase "it's funny" but that doesn't mean anything either.

I've no idea exactly what your confusion is. I think most readers would understand what "danger" refers to: By appealing the award on those particular handsets Samsung may have it backfire on them with even higher damages. I think you believe the same thing.

If you didn't search for hidden meaning in a plainly worded post you would have understood without needing yet another explanation.
Edited by Gatorguy - 4/1/13 at 2:49am
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post #12 of 13
I think I'll take a page out of your book and say that, if you're post history has taught 'most readers' anything it's that you rarely speak plainly, and there's always hidden meaning in your posts.

Does that clear up your confusion?
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post #13 of 13
Quote:
Originally Posted by GTR View Post

I think I'll take a page out of your book and say that, if you're post history has taught 'most readers' anything it's that you rarely speak plainly, and there's always hidden meaning in your posts.

Does that clear up your confusion?

You're a bit grumpy the past couple of days. . . You must be on a mission.

(hidden meaning 1wink.gif )
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