Samsung seeks retrial of retrial; claims Apple used racial tactics to appeal to jury

Samsung seeks retrial of retrial; claims Apple used racial tactics to appeal to jury
Last month, a jury ruled that Samsung should pay Apple $290 million for infringing on Apple's patents. This was the result of a retrial between the two rivals that had been ordered by Judge Lucy Koh after the jury in the original patent trial made some mistakes when they awarded damages. Judge Koh had vacated $410 million of the original $1.05 billion that Apple had been awarded, stating that the amount of money that the jury gave to Apple for certain Samsung devices did not match the number of patents the jury ruled that each device infringed upon.

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

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35 Comments

35. coinmanmat

Posts: 12; Member since: Nov 28, 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

26. GeekyGene

Posts: 88; Member since: Aug 25, 2013

Just suck it up and just pay Samsung -_-

18. InspectorGadget80 unregistered

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: 31796; Member since: Feb 05, 2011

Gadget, papss asked for proof. Provide it, or stfu.

14. Loubielou

Posts: 603; Member since: Jul 11, 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

10. bnick25

Posts: 38; Member since: May 05, 2013

Donate money to charity then thus wouldn't sound laughable anymore

8. darkkjedii

Posts: 31796; Member since: Feb 05, 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: 1032; Member since: Oct 21, 2013

Make it pay per view, then donate the proceed money to charity. Everyone wins.

28. darkkjedii

Posts: 31796; Member since: Feb 05, 2011

Exactly

31. joey_sfb

Posts: 6794; Member since: Mar 29, 2012

Finally, some goods things do come out from this mess.

30. GeekMovement unregistered

Lovely idea.

6. ocilfa

Posts: 334; Member since: Aug 03, 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: 457; Member since: Oct 18, 2011

you do realize there are court fees?

4. mikelemon

Posts: 95; Member since: Nov 21, 2013

How low can Sammy go?

5. av911 unregistered

Not as low as Apple.

9. superduper

Posts: 151; Member since: Oct 20, 2013

Not as low as leaking confidential information to other parts of its company in order to gain competitive advantage over its rivals. phonearena.com/news/Judge-could-sanction-Samsung-f​or-leaking-confidential-Apple-information_id49204

13. Deicide

Posts: 82; Member since: Jul 02, 2011

Not as low as Apple being racist.

21. JakeLee

Posts: 1021; Member since: Nov 02, 2013

Thus disobeying an explicit order from the court. A punishment is due, and it HAS TO hurt.

22. designerfx

Posts: 76; Member since: Mar 26, 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? http://everythingisaremix.info/blog/everything-is-a-remix-case-study-the-iphone

3. Sauce unregistered

Loooooool. I lol'd. Lol. El oh el.

2. saurik

Posts: 86; Member since: May 13, 2013

Don't stop, keep it moving, put your drinks up!

1. ihavenoname

Posts: 1693; Member since: Aug 18, 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 unregistered

Only if Samsung stopped with the copying.

11. ajac09

Posts: 1482; Member since: Sep 30, 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: 17517; Member since: Jun 17, 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: 2137; Member since: Jan 06, 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: 493; Member since: Oct 24, 2011

If only you would stop your parroting.

19. designerfx

Posts: 76; Member since: Mar 26, 2013

Incorrect. You mean, if only apple had stopped with the copying. See:http://everythingisaremix.info/blog/everything-is-a-remix-case-study-the-iphone Bug off, troll. Everyone copies everyone, only Apple tries to lie and claim they're original while suing everyone else.

32. JakeLee

Posts: 1021; Member since: Nov 02, 2013

Neither the creator of the video, or you seem to understand the term "patentability".

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