Samsung is asking for a new trial because of what it calls an "unreasonable and unsupported" verdict made by the jury based on the evidence and testimony presented during the trial. Samsung also is complaining that Judge Koh's strict time limits on testimony and the number of witnesses allowed prevented the Korean based manufacturer from having a fair trial. The judge limited each side to 25 hours of witness testimony.
The two companies are facing each other in courtrooms covering ten countries regarding claims of patent infringement by both sides. In the case in San Jose District Court, Apple accused Samsung of copying the design of the Apple iPhone and Apple iPad for its line of smartphones and tablets. In a move that could be of some concern to Samsung, Apple's filing on Friday requested an injunction on other Samsung products not previously named in the trial, with features not much different than those devices found by the jury to have infringed on Apple's patents. This could lead to an import ban in the U.S. on the sizzling hot Samsung Galaxy S III which has sold in excess of 20 million units.
If Samsung does have a shot at a new trial it could be due to the actions of the jury. In interviews made after the trial, some of the jurors indicated that they failed to consider prior art when determining if Samsung had infringed on Apple patents. Additionally, the judge refused to let Samsung present evidence that would have shown the jury certain designs made by a Sony engineer that resembled the Apple iPhone that pre-dated Apple's work on the handset.
Judge Koh will hold a hearing on these issues and others on December 6th.