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27 May 2014Patents

Apple seeks retrial in latest Samsung ruling

Apple has demanded a retrial in its latest patent dispute with rival Samsung, claiming the damages it was awarded were too low.

California-based Apple  convinced a jury that its South Korean rival had infringed two of its patents, but it has said it was awarded far less than it asked for.

Apple had been seeking damages of $2.2 billion after accusing Samsung of infringing five patents,  including the ‘slide to unlock’ function, but was eventually awarded $119 million.

In a court filing, submitted at the US District Court for the Northern District of California, Apple said the retrial was warranted based on prejudicial claims by Samsung to the jury during the trial, which ended earlier this month.

The patents, US numbers 5,946,647 and 8,046,721, covered the ‘slide to unlock’ feature as well as a system for adding menus to items including phone numbers and email addresses.

Apple has also asked for a court-imposed sales ban on the products found to infringe its patents.

The proposal would bar Samsung from selling nine of its products: the Admire, Galaxy Nexus, Galaxy Note, Galaxy Note II, Galaxy S II, Galaxy S II Epic 4G Touch, Galaxy S II Skyrocket, Galaxy S III and Stratosphere.

In recent weeks reports have suggested that the companies would be prepared to enter into an out-of-court settlement, while other reports have claimed they are continuing their battle.

Neither company would comment specifically on proposed settlement talks when contacted by WIPR.

According to the CNET technology website, District Judge Judge Koh encouraged the companies to engage in mediation following the trial.

A previous attempt at mediation earlier this year failed.

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