By Alexandra Burlacu | Sep 23, 2012 12:51 PM EDT
Apple seems to be seeking to capitalize on the initial success of its sixth generation iPhone, the iPhone 5, by gunning for its top smartphone rival Samsung Electronics in a bid to squeeze even more damages after winning a high-profile patent infringement case against the South Korean tech giant last month.
Late Friday, Sept. 21, Apple filed a motion in the same U.S. District Court in San Jose, California, asking for an additional $707 million in damages on top of the $1 billion it was awarded by a jury last month in the patent case against Samsung. The jury in that case ruled that Samsung had infringed on six Apple patents involving technology used in the iPhone and iPad.
In addition to the new monetary damages, Apple is also seeking to ban 26 different Samsung smartphones and tablets from selling in the United States. For its part, Samsung has asked the judge to eliminate nearly all of the damages awarded to Apple and order a new trial, arguing that a number of instructional errors and decisions on evidence require additional examination.
"The harm to Apple was deliberate, not accidental," Apple attorneys stated in court papers. Samsung "willfully diluted its trade dress, taking billions in sales in the fast-growing U.S. smartphone market at a key moment in the transition between feature phones and smartphones."
Apple filed suit against Samsung Electronics in April 2011. Samsung countersued, adding to a global patent battle waged on four continents over a smartphone market valued at $219.1 billion by Bloomberg Industries. The two tech giants have also sued each other in the UK, Australia, and South Korea.
After winning the jury verdict of more than $1.05 billion against Samsung in August, Apple is now requesting an enhancement of $135 million under the Patent Act and $400 million under the Lanham Act, for a combined total of $535 million, compared with the $268 million from the verdict under both statutes, according to court documents. Moreover, the court may increase the damages up to three times the amount assessed, show the documents.
"Many of the jury's determinations and their damage calculations were based on insufficient evidence and questionable decision-making procedures," Samsung told Bloomberg in an e-mailed statement. "Apple is requesting permanent injunctions and additional damages based on these highly questionable prior decisions."
The case is Apple Inc. v. Samsung Electronics Co. Ltd., 11-cv-01846, U.S. District Court, Northern District of California (San Jose).
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