Feeds

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

Samsung wants a retrial, Apple wants MORE damages

SANS - Survey on application security programs

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. ®

High performance access to file storage

More from The Register

next story
Android engineer: We DIDN'T copy Apple OR follow Samsung's orders
Veep testifies for Samsung during Apple patent trial
MtGox chief Karpelès refuses to come to US for g-men's grilling
Bitcoin baron says he needs another lawyer for FinCEN chat
Did a date calculation bug just cost hard-up Co-op Bank £110m?
And just when Brit banking org needs £400m to stay afloat
One year on: diplomatic fail as Chinese APT gangs get back to work
Mandiant says past 12 months shows Beijing won't call off its hackers
Don't let no-hire pact suit witnesses call Steve Jobs a bullyboy, plead Apple and Google
'Irrelevant' character evidence should be excluded – lawyers
EFF: Feds plan to put 52 MILLION FACES into recognition database
System would identify faces as part of biometrics collection
Ex-Tony Blair adviser is new top boss at UK spy-hive GCHQ
Robert Hannigan to replace Sir Iain Lobban in the autumn
Alphadex fires back at British Gas with overcharging allegation
Brit colo outfit says it paid for 347KVA, has been charged for 1940KVA
Jack the RIPA: Blighty cops ignore law, retain innocents' comms data
Prime minister: Nothing to see here, go about your business
Banks slap Olympus with £160 MEEELLION lawsuit
Scandal hit camera maker just can't shake off its past
prev story

Whitepapers

Designing a defence for mobile apps
In this whitepaper learn the various considerations for defending mobile applications; from the mobile application architecture itself to the myriad testing technologies needed to properly assess mobile applications risk.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.
Five 3D headsets to be won!
We were so impressed by the Durovis Dive headset we’ve asked the company to give some away to Reg readers.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.