Apple demands US sales ban for Samsung, further $707 million in damages

Apple Inc. has asked for a court order permanently banning Samsung Electronics from selling Samsung Electronics products it claims infringed its patents, as well as additional damages of $707 million on top of the billion-dollar judgment that the iPhone maker achieved in the last month.

Samsung has responded and asked for a new trial version.

The world’s two top smartphone makers are locked in patent battles in ten countries as they compete for leadership in the lucrative, fast-growing market.

Apple scored a legal victory over Samsung in late August when a US jury found that the Korean company had copied key features of the iPhone and awarded the US company $1.05 billion in damages.

In a lawsuit filed late Friday US time, Apple sought another $400 million in damages for design infringement by Samsung; $135 million for willful infringement of its utility patents; $121 million in additional damages based on Samsung’s product sales not addressed in jury deliberation; and $50 million in prejudice interest on damages through December 31. The applications total $707 million.

Apple wants the injunction to cover “each of the infringing products or any other product having a feature or features that differs no more than a color from any of the infringing features or features in any of the infringing products.”

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Such a far-reaching sales ban could lead to the injunction being extended to Samsung’s brand new smartphone, the Galaxy S III.

Samsung requested a new trial in a US court filing.

“The court’s limitations on hearing time, witnesses and evidence were unprecedented for a patent case of this complexity and magnitude, and prevented Samsung from bringing a full and fair case in response to Apple’s many claims,” ​​Samsung said.

“Samsung therefore respectfully requests that the court convene a new trial that will allow for a reasonable time and fair treatment of the parties.”

In a separate statement, Samsung complained that patent decisions should cover issues such as the shape of the product, in addition to technological aspects.

“It’s unfortunate that patent law can be manipulated to give a company a monopoly on rounded rectangles or technologies that Samsung and other companies are improving every day,” it said.

The Korean firm said earlier this week that it plans to add Apple’s new iPhone 5 to existing US patent lawsuits and step up its legal challenge as the two companies seek to assert rights to key technologies.

Apple said it wanted the court to award it damages that “reflect a reasonable and fair effort to address Samsung’s willful misconduct that has caused and will cause lasting harm to Apple.”

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The Korean company was the world’s top smartphone maker in the second quarter of this year, shipping more than 50 million phones, nearly doubling Apple’s 26 million iPhone shipments.

Both companies are increasing their marketing spend to promote their latest products ahead of the year-end shopping season.


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