Feeds

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

Samsung wants a retrial, Apple wants MORE damages

The essential guide to IT transformation

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. ®

The essential guide to IT transformation

More from The Register

next story
Britain's housing crisis: What are we going to do about it?
Rent control: Better than bombs at destroying housing
GCHQ protesters stick it to British spooks ... by drinking urine
Activists told NOT to snap pics of staff at the concrete doughnut
Top beak: UK privacy law may be reconsidered because of social media
Rise of Twitter etc creates 'enormous challenges'
What do you mean, I have to POST a PHYSICAL CHEQUE to get my gun licence?
Stop bitching about firearms fees - we need computerisation
Ex US cybersecurity czar guilty in child sex abuse website case
Health and Human Services IT security chief headed online to share vile images
We need less U.S. in our WWW – Euro digital chief Steelie Neelie
EC moves to shift status quo at Internet Governance Forum
Oz biz regulator discovers shared servers in EPIC FACEPALM
'Not aware' that one IP can hold more than one Website
prev story

Whitepapers

Endpoint data privacy in the cloud is easier than you think
Innovations in encryption and storage resolve issues of data privacy and key requirements for companies to look for in a solution.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Advanced data protection for your virtualized environments
Find a natural fit for optimizing protection for the often resource-constrained data protection process found in virtual environments.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.
Next gen security for virtualised datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.