Apple has filed a motion in U.S. District Court in San Jose, California, looking for a retrial of its recent tepid victory over Samsung, more damages and a sales ban on the Korean vendor's products.
Here we go again. Apple (AAPL) has filed a motion in U.S. District Court in San Jose, California, for a retrial of its recent tepid victory over Samsung in which it was awarded $120 million for patent infringement, this time seeking to triple the jury’s damages ruling and impose a new sales ban on some of the Korean vendor’s products.
The bottom line is Apple, which sued Samsung for $2.2 billion, isn’t happy with the damages award and hasn’t yet achieved its ultimate goal to remove the Korean device maker’s products from the market altogether—so it’s going to try, try, try and try again.
Judge Lucy Koh on July 8 will hear Apple’s request “for judgment as a matter of law (renewed), an amended judgment, a new trial, and damages enhancements against Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, Inc.,” according to the motion.
In addition to supplemental damages, Apple wants the previous awards tripled to some $305 million, interest of $6.5 million and either a new trial on the jury’s award of $158,000 to Samsung for Apple violating one of its patents, or the judgment vacated altogether.
Apple also is asking the court to impose a sales ban on Samsung’s older Admire, Galaxy Nexus, Galaxy Note, Galaxy Note 2, Galaxy S2, Galaxy S2 Epic 4G Touch, Galaxy S2 Skyrocket, Galaxy S3 and Stratosphere devices. In its motion, Apple said it “will suffer irreparable harm if Samsung continues its use of the infringing features.” Apple previously hasn’t met with much success in seeking to ban Samsung products from the market.
A Samsung spokesperson said of Apple’s request for a new trial, “After the jury rejected Apple’s grossly exaggerated damages claim, Apple is once again leaning on the court to push other smartphones out of the market. If granted, this would stifle fair competition and limit choice for American consumers.”
Last week, word surfaced that Apple and Samsung had been trying since May 5 to hammer out an agreement to end all future patent litigation between the two companies. According to reports, the talks were said to have a similar feel to Apple’s make-nice agreement with Google (GOOG) to drop the Motorola Mobility patent lawsuit from 2010.
But, there was just one little problem—apparently, there never were any talks, as a court filing subsequently indicated. The two companies talked about talking, but never actually talked.