Apple vs Samsung war isn’t over yet. No, we aren’t talking about the market war between iPhone X and Galaxy S9+, we’re talking about the patent infringement war. Samsung asked a court to either dismiss the judgement or retry the case in which the damages were decided.
In a 34-page post-trial motion filed with the US District Court in San Jose, California, Samsung says the jury’s $539 million verdict is “excessive” and not supported by the evidence.
Samsung has asked for the decision to be reversed, or a new trial to be held.
In Samsung Electronics Co. Ltd.’s 34-page post-trial motion, the Korean tech giant said the jury’s verdict, which awarded Apple Inc. about half of what it requested, wasn’t supported by the evidence and “no reasonable jury” could reach the jury’s conclusion.
“The jury’s verdict is excessive and against the weight of the evidence on each and every issue identified above, and … the evidence supports a verdict of no more than $28.085 million,” the motion said.
While the decision hasn’t surprised anyone, Samsung doesn’t seem to stomach it. Last month, the jury decided that Samsung must pay Apple $539 million for infringing on five patents with Android phones it sold in 2010 and 2011. The unanimous decision seemed to put an end to the high-profile case that reaches back to 2011. But Samsung said, NO.
The earlier trials determined that Samsung did infringe on three Apple design patents, which describe how elements look, and two Apple utility patents, which describe how they work. The jury trial, held in May, determined damages for those violations. Majority of the portion of the $533 million was for the design patent infringements.
Not only is Samsung looking forward to overthrowing this decision, the company is also seeking a refund for $145 million it paid on another patent infringement case involving multi-touch screens and software implementations. The patent in question has been invalidated since.
Apple has until June 21 to respond to the motion, and a hearing on it has been scheduled for July 26.