Bloomberg News

Apple Seeks New Trial Over Appeal in Samsung Patent Case

March 27, 2013

Apple Seeks New Trial Over Appeal in Samsung Patent Case

A Samsung Electronics Co. Galaxy S III smartphone, top, and a Galaxy Nexus smartphone, bottom, are arranged for a photograph next to the Apple Inc. logo in Seoul. Photographer: SeongJoon Cho/Bloomberg

Apple Inc. (AAPL:US) asked to proceed with a new trial on 14 Samsung Electronics (005930) Co. products for which a U.S. judge overturned a jury patent-infringement award rather than letting Samsung appeal her decision upholding damages for 14 other products covered by the jury’s verdict.

Apple, in a reply yesterday to Samsung’s request to seek an appeal and put the case on hold, said the Suwon, South Korea- based company’s proposal would “likely lead to a remand without a substantive decision” from an appeals court.

U.S. District Judge Lucy Koh in San Jose, California, on March 1 reduced the $1.05 billion in damages a jury awarded Apple in its patent fight with Samsung by $450.5 million. The judge ruled that the jury based its award for 14 Samsung products on an incorrect legal theory and suggested the companies consider appealing her ruling.

Apple said in a separate filing yesterday that, if Koh intends to allow Samsung to proceed with an appeal before a new trial, it wants to asks the judge to reconsider her post-trial ruling and seek reinstatement of the $85.3 million the jury awarded for Samsung’s Galaxy S II AT&T and Infuse 4G.

Samsung and Apple, the world’s two biggest smartphone makers, have each scored victories in patent disputes fought over four continents since the Cupertino, California-based iPhone maker accused Asia’s biggest electronics maker of “slavishly copying” its devices.

The case is Apple v. Samsung, 11-01846, U.S. District Court, Northern District of California (San Jose.)

To contact the reporter on this story: Edvard Pettersson in Los Angeles at epettersson@bloomberg.net

To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net


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