Transfer Pricing Associates

Apple Seeks Samsung Sales Ban in US and $707 Million More Damages

post Thursday September 27, 2012


The Apple versus Samsung saga continues. After winning the $1.05 billion verdict last month, Apple continues to fight the patent battle against Samsung. Reuters reported that Apple filed a motion last Friday requesting a permanent U.S. sales ban on Samsung Electronics products that allegedly infringe on Apple’s patents.

Further, Apple sought in total $707 million damage award from Samsung including $400 million for design infringement, $135 million for willful infringement of its utility patents, $121 million in supplemental damages for Samsung’s product sales not covered in the jury’s deliberation, and $50 million of prejudgment interest on damages through December 31.

Apple seeks an injunction for a wide-ranging sales ban that covers “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". This could potentially result to the sales ban of Samsung’s new Galaxy S III smartphone that launched in late May.

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."

Samsung has reportedly responded by requesting a new trail. "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," said Samsung.

The Korean firm also expressed its concerns about the patent law and the manipulation of which, saying "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".

Samsung has planned to strike back and warned in late August that if the iPhone 5 had LTE, it would file motion against Apple.

Source: Reuters, Mashable

Image Source: Free Digital Photos

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