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Apple, Samsung patent judge: 'I feel like I'm in Groundhog Day here'

Samsung wants a retrial, Apple wants MORE damages

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Samsung tried its very hardest to argue for a retrial in a hearing with Apple yesterday, as the fruity firm pushed for additional damages on top of the $1bn it already won.

The hearing was ostensibly to discuss permanent bans on sales of Samsung products that a jury decided infringed Apple patents, but the South Korean firm's allegations of jury misconduct eventually came up as well.

Judge Lucy Koh gave the topic short shrift when Samsung brought it up right at the end of the hearing, saying only that the topic had been "fully briefed", without explaining what she meant. Samsung's attorney John Quinn did manage to shoehorn in some indignation about jury foreman Velvin Hogan, the alleged source of the misconduct for not revealing a previous patent lawsuit he was involved in.

"He told reporters what he did not tell this court," he said. "He was deliberately dishonest... I think we have a case here that he should have been excused for cause."

But Apple's lawyer William Lee said that Samsung just had it plain wrong.

"They're claiming that Mr Hogan lied about an event that occurred 19 years ago and it was his goal in life to harm," Lee said. "I think it's outrageous he's being called a liar."

Aside from trying to block Samsung's pleas for a new trial, Apple also argued that it should get another $121m in supplemental damages, usually used to adjust for sales or accounting numbers uncovered after the trial.

Samsung was looking to get a new hearing over damages or at least get the existing amount cut based on faulty jury figures. A lot of time was spent discussing the Prevail, a minor handset that only sold 2m units but was the basis for $58m in damages.

The Korean firm's legal team said they thought the jury had awarded Apple damages for utility patents, when only design patents are eligible for damages.

Judge Koh, who was sick of the whole case long before now, once more asked the two firms to try to come up with a way to settle their issues.

"When is this case going to resolve?" she asked. "Are there additional data points you're waiting for? Is there an event?"

She urged the companies again to settle, saying it would be good for customers and the industry if they did. But although Samsung said it was willing to negotiate, it insisted that the ball was in Apple's court.

That leaves Koh to issue a series of rulings on the legality of damages and the potential injunctions over the next few weeks. ®

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