If you thought last summer's Apple v. Samsung patent trial was over, think again. Although the landmark trial resulted in a $1.05 billion victory for Apple, many issues are still outstanding, and this month the two tech giants are back in court to continue their slugfest over intellectual property.
Judge Lucy Koh again asked the two sides to find a middle ground in their dispute. "I think it's time for global peace," Koh said to lawyers representing Apple and Samsung on Thursday, the AP reports.
The companies' attorneys replied with their now-rote responses: Apple declaring its intention to keep fighting until Samsung changed its ways, and Samsung saying Apple is trying to get in the courtroom what it couldn't win in the marketplace. Samsung now sells more smartphones than any other company in the world.
Koh has tried to get the two sides to make peace before, going so far as requiring the CEOs of Apple and Samsung to speak directly to each other. Needless to say, that didn't work, and in all likelihood it will be up to Koh to resolve the issues now being contested.
Here's what Apple is asking for:
Products Banned: Given that the trial found many specific Samsung products to be infringing on Apple patents, Apple now wants those products banned. On Apple's hit list: the Galaxy S 4G, Galaxy S II (on AT&T and T-Mobile), Galaxy S II Skyrocket, Galaxy S II Epic 4G, Galaxy S Showcase, Galaxy Prevail and Droid Charge.
Increased Damages: Apple is asking Judge Koh to jack up the current $1.05 billion damages, which its lawyers characterize as a "slap on the wrist." Apple wants an additional $707 million, with the rationale that if certain features were found to be infringing on some models, then if those same features are on other phones then they should also be declared infringing with monetary penalties.
Samsung has demands, too:
New Trial: Samsung thinks the original verdict should be thrown out and a new trial granted, arguing jury misconduct. The jury foreman in the case had failed to disclose that he once was sued by his former employer, Seagate, which has a strategic relationship with Samsung. The foreman, Velvin Hogan, says he didn't talk about the matter because it occurred almost 20 years ago, and the jury instructions only required disclosure of litigation going back 10 years.
Reduced Damages: Failing a new trial, Samsung wants the damages reduced. For one product, the Galaxy Prevail, the jury put Samsung on the hook for $58 million, but violating the tap-and-zoom patent in question shouldn't result in that big a figure, Koh has said.
In the weeks before Christmas, Koh is expected to rule on all these matters, but the case won't stop there. Samsung is expected to appeal the case to the federal appeals court that deals with patent disputes, and possibly even the U.S. Supreme Court. That is, if both sides don't heed the judge's call for peace.
Apple has also filed another patent-infringement lawsuit in the U.S. against Samsung over its newer products such as the Samsung Galaxy S III. That trial isn't due to begin until 2014. The two companies have many other ongoing cases in courtrooms worldwide.