12/06/2012

Samsung and Apple back in court today

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As expected, Samsung and Apple are returning to Judge Lucy Koh’s courtroom today.
At today’s hearing, Apple hopes to convince the court to block a total of 26 Samsung items from being sold. Additionally, Apple will attempt to argue that Samsung owes them an additional $535 million for Samsung’s willful infringment. This is on top of the already massive $1 billion owed by Apple’s Korean-based rival.

Samsung on the other hand, says they are being charged unfairly and that the jury miscalculated the amount owed in the first place. Samsung hopes to see the total recounted and lowered.
Samsung also intends to bring the HTC-Apple patent agreement into play, saying the list of patents is highly relevant to Apple’s request to block Samsung from selling the 26 infringing devices.
The hearing will also discuss Samsung’s claim of juror misconduct, particularly the conduct of jury foreman Velvin Hogan. According to Samsung, Hogan was responsible for guiding the jury punitively, and believes that the foreman came into the case with a strong bias against Samsung.
The reason for Hogan’s possible grudge against Samsung has to do with a lawsuit that Hogan was involved in many years ago. Although Hogan didn’t disclose it to the courts, it has now come out that the foreman was once sued by Seagate Technology, a Samsung partner.
No matter what happens in the courts today, the war between Samsung and Apple is far from over. Their relationship continues to fall apart as their legal battles wage across the globe.
While Samsung hasn’t had a lot of luck in the U.S. Courts, the situation has been much better elsewhere. One such major win for Samsung was in the United Kingdom, where a judge ruled that Samsung did not copy the iPad. Legal battles have also occurred between the two companies in Germany, Australia and Samsung’s home country of South Korea.
Do you think that Samsung has a shot at getting the amount owed lowered, or even getting the ruling overturned? Conversely, will Apple be able to convince the judge to go ahead with a product ban on the supposedly infringing Samsung products?

SOURCES The Wall Street Journal

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