On Sept. 8, a U.S. District Court judge for the Northern District of California denied Apple’s request for a retrial in its case against Samsung. A jury awarded Apple a verdict of more than $119 million, but the original complaint requested $2 billion. Following the May verdict, Apple argued that it was unfair for the judge to allow Samsung to make arguments to the jury based on allegedly false information. However, the judge ruled that the information provided to the jury was not untrue.
The judge also denied Apple’s request that she enter a judgment notwithstanding the verdict in the intellectual property case. However, the judge reportedly agreed to award supplemental damages to Apple to compensate the company for additional sales Samsung made after the jury reached a verdict. Apple is also entitled to prejudgment interest because the company was not able to use the $119 million it would have had if the patents had not been supposedly infringed.
This decision will not end Apple’s legal disputes against Samsung. In August, a judge denied an injunction prohibiting Samsung from selling its Galaxy S III smartphone despite the infringement of Apple’s patents because the company was unable to establish that customers purchased the smartphone because of the infringement. Apple intends to appeal that ruling. The company also filed a motion requesting damages to compensate the company for Samsung’s ongoing patent infringement by continuing to sell the Galaxy S III.
When a person or company uses someone else’s intellectual property without permission, the owner has a right to go to court to seek damages. An intellectual property attorney may be able to help send cease and desist letters to infringing parties or file a lawsuit. It may also be possible for an attorney to assist in settlement negotiations.
Source: ComputerWorld, “Apple denied retrial in California Samsung patent case“, Loek Essers , September 09, 2014