Ina Fried

Recent Posts by Ina Fried

Apple Wants a Hearing Before Judge in Samsung Case to Talk Damages

Apple has asked the judge overseeing its patent case with Samsung to hold a hearing to discuss her recent moves to uphold part of a jury’s billion-dollar verdict and order a new trial on other parts of the damages.

Damages-feature

In a filing on Wednesday, Apple made the case that it shouldn’t have to wait to collect on the $600 million in damages that the judge upheld. Judge Lucy Koh had encouraged both sides to exhaust any appeals before returning to discuss the damages issues.

“Apple takes seriously the Court’s encouragement, but after careful analysis, Apple believes that until the damages retrial is held and supplemental damages are decided, appellate review of the March 1 Order will not be obtainable,” Apple wrote in its court papers.

Plus, Apple said, “Samsung benefits enormously from any delay, even delay resulting from a failed attempt at an immediate appeal.”

“Samsung must now pay $600 million, and it faces the prospect that it will be liable for hundreds of millions more following a new trial,” Apple wrote. “Moreover, despite the jury’s verdict and Samsung’s representations to the Court that an injunction was unnecessary because Samsung was discontinuing all infringing products and implementing design-arounds, Samsung continues to sell the same and additional infringing products without making any payment to Apple. Every day that a final judgment is deferred, Samsung benefits.”

Samsung not only opposes the request, but in paperwork filed on Thursday, the company asked for more than its allotted five pages because of the substantive issues raised in Apple’s motion.

“Samsung respectfully submits that Apple’s motion, which involves fundamental questions involving the scope and timing of any new trial, is not a proper use of the rule governing Motions for Administrative Relief, which may address ‘miscellaneous administrative matters,’” Samsung said in its filing on Thursday. “Samsung respectfully requests that it be allotted 10 pages for response.”

The ball is now back in Koh’s court to see just what sort of filings and hearings will be allowed.


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