Samsung seeks retrial of retrial; claims Apple used racial tactics to appeal to jury
Even though the total combined amount of the check that Samsung needs to cut has dropped from $1.05 billion to $930 million, Samsung is still not happy. The Korean based OEM is seeking a retrial of the retrial partly based on "racial bias". Samsung claims that Apple's attorneys compared Samsung to the Asian manufacturers that flooded the market with low-cost televisions and put several American companies into bankruptcy.
Samsung is asking Judge Koh to make a JMOL ruling (Judgment as a Matter of Law). Samsung says that Apple's case did not provide enough evidence to support a verdict in its favor. In other words, the defendant is seeking a directed verdict from Judge Koh, or a retrial of the retrial. For its part, Apple is also seeking a JMOL from the Judge.
If this sounds complicated, consider that early next year another patent trial between the two rivals will start. This time, a new jury will be asked to determine if some of Samsung's more recent devices infringed on Apple's patents. Samsung's request for a directed verdict can be found below.
source: Scribd via FOSSPatents, BGR
1. ihavenoname (Posts: 1307; Member since: 18 Aug 2013)
C'mon Apple and Sammy, this was stupid when it started, then it went insane, then it went laughable, and now it's not funny anymore.
7. Mxyzptlk (Posts: 3282; Member since: 21 Apr 2012)
Only if Samsung stopped with the copying.
11. ajac09 (Posts: 1358; Member since: 30 Sep 2009)
copying what? making better designs then apple? Samsung has been making tablets and phones much longer then apple. Apple is just angry it cant compete. Apple acts like their was another design they could have used or something. I hate tell them this but how else did you expect phones to look? triangle? complete circles? oh wait how about a cylinder.. come on. and to people that understandand R&D for htem to copy apple there designs would have come out years after not mere months
27. tedkord (Posts: 4432; Member since: 17 Jun 2009)
You've got to understand, to Mxy when Apple takes an idea that someone else did first (like the GUI, grids of icons, slide to unlock, fingerprint unlock, wifi direct, drop down notification, quick setting toggles, etc...), it's innovation. When anyone does the same thing with something Apple did, it's the worst kind of copying.
34. Lucas777 (Posts: 2121; Member since: 06 Jan 2011)
no its more the ppt that got leaked from samsung going through every step of the ios interface, detailing how the galaxy s 1 needed to copy each part of it....
12. NexusKoolaid (Posts: 283; Member since: 24 Oct 2011)
If only you would stop your parroting.
19. designerfx (Posts: 66; Member since: 26 Mar 2013)
Incorrect. You mean, if only apple had stopped with the copying. See:http://everythingisaremix.info
Bug off, troll. Everyone copies everyone, only Apple tries to lie and claim they're original while suing everyone else.
32. JakeLee (Posts: 790; Member since: 02 Nov 2013)
Neither the creator of the video, or you seem to understand the term "patentability".
20. designerfx (Posts: 66; Member since: 26 Mar 2013)
The only one to blame is Apple. It wasn't Samsung that started with the lawsuits.
2. saurik (Posts: 86; Member since: 13 May 2013)
Don't stop, keep it moving, put your drinks up!
3. Sauce (unregistered)
Loooooool. I lol'd. Lol. El oh el.
9. superduper (Posts: 121; Member since: 20 Oct 2013)
Not as low as leaking confidential information to other parts of its company in order to gain competitive advantage over its rivals.
21. JakeLee (Posts: 790; Member since: 02 Nov 2013)
Thus disobeying an explicit order from the court.
A punishment is due, and it HAS TO hurt.
22. designerfx (Posts: 66; Member since: 26 Mar 2013)
Not as low as Apple not even creating any of the dubious things it shouldn't even have patents on that are explicitly not original.
Like oh, everything they're suing over?
6. ocilfa (Posts: 331; Member since: 03 Aug 2012)
I think both companies can go shove it. Our tax dollars should at least go to something a bit less pointless.
16. terabyteRouser (Posts: 412; Member since: 18 Oct 2011)
you do realize there are court fees?
8. darkkjedii (Posts: 10268; Member since: 05 Feb 2011)
Here's the perfect way to handle this judge, throw out the case don't award any damages to either party. Send them both out here to Las Vegas to the MGM Grand Hotel and Casino let them lace up the gloves, beat the crap out of each other in the ring, and whoever wins wins. End of discussion. I'm all for it.
25. PBXtech (Posts: 969; Member since: 21 Oct 2013)
Make it pay per view, then donate the proceed money to charity. Everyone wins.
31. joey_sfb (Posts: 2696; Member since: 29 Mar 2012)
Finally, some goods things do come out from this mess.
10. bnick25 (Posts: 35; Member since: 05 May 2013)
Donate money to charity then thus wouldn't sound laughable anymore
14. Loubielou (Posts: 203; Member since: 11 Jul 2012)
We All Loved it when Apple joined the Smartphone Market,but Apple do not seem to like being Under Pressure an someone doing better than them,Why?didn"t they join the Tennis League as they love going to The Courts,Samsung have really got to stop helping Apple now as they are just using them to much,then Apple will struggle an find a new supplier with not the same Top Class products Samsung produce
18. InspectorGadget80 (Posts: 6191; Member since: 26 Mar 2011)
How bout Apple stop paying the court system and have it youre way. WE ARE ALL SICK AND TIRED OF THIS SHYT
24. papss (unregistered)
Proof? Ive never read that they are paying the court off.
29. darkkjedii (Posts: 10268; Member since: 05 Feb 2011)
Gadget, papss asked for proof. Provide it, or stfu.
35. coinmanmat (Posts: 12; Member since: 28 Nov 2012)
Samsung just keeps doing whatever it can to delay cutting that check why don't it just give up and write that check ugh I'm sure $930 million is chump change to a company with super deep pockets. They probably can just write it off. I'm not trying to sound like I'm taking Apple's side because I'm not. I have Samsung devices and I'm using one now but I'm just tired of this legal drama