Sunday, September 23, 2012

Apple Inc. (NASDAQ:AAPL) Asks Judge For More from Samsung After The Latest Win

Apple Inc.(NASDAQ:AAPL) has sought for more damages to be slapped on Korea's Samsung Electronics in addition to the $1.05 billion that has been already levied on the company by a U.S. federal court for patent infringements.

Foss Patents reported that Apple made a filing late on Friday and requested for additional enhancements in damages amounting to about $700 million.

In August a federal court in San José had found Samsung guilty of violating patents of Apple and copying the designs of its mobile devices.

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According to Foss Patents Apple - "requests an enhancement of $135 million under the Patent Act and $400 million under the Lanham Act, for a combined total of $535 million".
Additionally, Apple asks for supplemental damages based on Samsung's sales in the period from July 1 (since the jury only looked at damages for the period until June 30) and Judge (Lucy) Koh's final judgment, amounting to another $121 million, and $50 million of prejudgment interest to offset the delay until Apple gets paid. The total of these additional demands is $707,061,678 if the district court proceedings are concluded on December 31, 2012.

The total damages could go even up to nearly $2 billion, according to Florian Mueller of Foss Patents.

Mueller noted that Apple was smart enough to recognise that only certain parts of sections on which the damages re awarded can be enhanced.

"Asking for the moon without a legal basis would do any god," he said.

Apple also believed that the payouts should be raised due to Samsung's conduct, including sanctions that were given to the company for litigation-related conduct.

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