Apple and Samsung met again at hearing at San Jose, where Samsung asked Judge Lucy Koh to dismiss the $1.05 billion verdict, after the jury found that it violated a number of Apple patents.
Meanwhile, Apple requested the judge to increase the damages and is seeking a permanent injunction banning the sales of Samsung products that were found to infringe its patents.
According to BBC, the judge made a final plea to the two companies to settle their legal battle:
“I’m not joking . . . I’ve said this all along. I think it’s time for global peace . . . If there is any way this court can facilitate some sort of resolution, I’d like to do that. I think it would be good for consumers and good for the industry.”
Samsung’s lawyers said that the company was willing to talk, but the ball was in Apple’s court. It seems contrary to the statements made by Samsung’s management who have categorically said they don’t have any plans to settle with Apple like HTC and prefer to bank on legal resolution.
Samsung’s lawyers also questioned the jury’s calculations when it determined the amont of damages for infringing on Apple’s patents. Apple’s lawyers urged judge Koh not to probe the jury’s reasoning on a device-by-device basis, but she didn’t seem to be convinced with Apple’s argument:
”I don’t see how you can look at the aggregate verdict without looking at the pieces put together to make that verdict,” she is quoted as saying. ”If there is a basis to uphold the damages award, by the record, then I am going to uphold it. But I think it is appropriate to do analysis by-product.”
As we had noted earlier, Samsung’s main arguments centers on the impartiality of the foreman Velvin Hogan.
Samsung said it was misconduct on his part not to disclose that he had been sued by his former employer, Seagate Technology, in 1993. Samsung now holds a stake in Seagate.
Mr Hogan has said that according to court instructions he only needed to disclose litigation within the previous 10 years.
According to FT, Apple’s lawyers called the $1.05 billion verdict a “slap on the wrist” and argued that the court needed to “establish a line” that would “change behaviours”. Apple has requested the reward amount to be increased by $500 million as the jury found that Samsung willfully infringed its patents.
Judge Koh plans to issue a series of rulings over several weeks.
Scales of Justice by mikecogh from Flickr.