In a continuing effort to permanently cripple its biggest rival, Apple has asked the court for an additional $707 million in damages from Samsung and an order to permanently ban the sale in the U.S. of the Samsung products that Apple alleged violated its copyright.
The $707 million request comes on top of the $1.05 billion dollars the court already ordered Samsung to pay in its losing case against Apple. The U.S. jury ruled that Korea-based Samsung had copied critical features of the iPhone.
In response, Samsung has asked the court for a new trial, alleging that it wasn’t treated fairly in the first trial.
“The Court’s constraints on trial time, witnesses and exhibits were unprecedented for a patent case of this complexity and magnitude, and prevented Samsung from presenting a full and fair case in response to Apple’s many claims,” the Korean technology giant said.
“Samsung therefore respectfully requests that the Court grant a new trial enabling adequate time and even-handed treatment of the parties.”
Apple’s request that Samsung be banned from selling some of its products in the U.S. could possibly affect Samsung’s brand-new Galaxy S III smartphone. After Apple won a judgement in the trial that ended in late August, the two biggest smartphone manufacturers in the world are still locked in patent battles in 10 countries as they fight to see who will control the market.
In a motion filed late Friday U.S. time, Apple sought a further $400 million damage award for design infringement by Samsung; $135 million for willful infringement of its utility patents; $121 million in supplemental damages based on Samsung’s product sales not covered in the jury’s deliberation; and $50 million of prejudgment interest on damages through December 31. The requests together come to $707 million.
Apple wants the injunction to cover “any of the infringing products or any other product with a feature or features not more than colorably different from any of the infringing feature or features in any of the Infringing Products.”
In a separate statement, Samsung lamented the fact that patent rulings should cover issues such as the shape of the product in addition to technological points.
“It is unfortunate that patent law can be manipulated to give one company a monopoly over rectangles with rounded corners, or technology that is being improved every day by Samsung and other companies,” it said.
The Korean firm earlier this week said it plans to add Apple’s new iPhone 5 to the existing U.S. patent lawsuits, stepping 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 rational and fair effort to address Samsung’s willful misconduct that has and will impose lasting harm on Apple.”
The Korean firm was the world’s top smartphone maker in the second quarter of this year, shipping more than 50 million phones, nearly double Apple’s 26 million iPhone shipments.
