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Apple v Samsung war continues with re-trial demand


Samsung has ensured there will be no festive truce in its war with Apple after disputing the reassessed damages resulting from a long-running patent infringement trial.

The Korean-based smartphone maker is demanding a judgement as a matter of law in its favour or a re-trial and a reduced amount of damages.

Samsung argues that there is “no rational basis” for the jury’s decision and requests that the $290 million it has now been ordered to pay its rival should be set aside.

The battle between the two smartphone manufacturers returned to public attention in August last year when Samsung was ordered to pay Apple $1.05 billion after being found guilty of patent infringement.

However, US District Judge Lucy Koh vacated $450 million in damages from the ruling and said the jury had not adequately calculated a portion of the damages.

Koh said the only way to sufficiently determine the correct amount would be through a re-trial which was finalised last month.

The new damages totalled $290 million despite Apple asking for $379 million.

In its new requests, filed at the US District Court for the Northern District of California, Samsung says Apple “misled” the jury by making repeated references to all of Samsung’s infringing products and not just those infringing the design patents at issue.

Samsung further alleges that Apple used “racial prejudice” in the trial.

It claims, as it did at the initial trial, that “throughout” proceedings, Apple portrayed Samsung as a “foreign threat” to the local and national economy.

It says Apple’s lawyers repeatedly referred to Samsung as “the Korean company” and its employees as “Korean bosses.”

It further alleges that Apple appealed to a fear of foreign companies dominating the technological market.

“Apple’s cynical appeal to racial, ethnic and national sentiment has no place in our system of civil justice and warrants a re-trial,” it said.

Apple is not seeking a retrial but has filed a motion asking the court to agree that its claim for $379 million in damages was sufficient and that the jury “reasonably arrived at,” at the end figure.

Samsung and Apple did not respond to requests for comment.


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