22
Sep
piles-of-money

After winning a $1.05 billion verdict against Samsung for alleged trade dress dilution and patent infringement, Apple has filed a motion with the presiding judge of the tech world's biggest trial requesting a massive increase in the initial jury award.

An additional $707 million has been tallied up by Apple's lawyers as being due to the company, and unfortunately, the logic here is sound. The jury in the case found Samsung willfully infringed Apple's design and software patents (meaning they should have known they were infringing, basically), and under US statute, this entitles Apple to an award of triple the amount of the actual damages resulting from infringement.

GalaxyBleed_Large

$400 million has been tacked on to the design infringement award, along $135 million for the utility patents (those numbers are in addition to the base damages for both claims). Apple is also requesting $120 million in supplemental damages, covering the time span from the start of the trial in June to the final judgment date. Supplemental damages are the money Samsung made during the time of the trial by selling infringing products, but that the jury was not allowed to consider in calculating actual damages. This is a very common request in IP disputes post-judgment.

Finally, Apple is asking for another $50 million in pre-judgement interest given an estimated payout date of December 31st (not going to happen, trust me - it'll be delayed for a while, this is mostly procedural).

Given that the jury found willful infringement, Apple's request for treble damages may well be granted. We'll see in the coming months.

Reuters

David Ruddock
David's phone is whatever is currently sitting on his desk. He is an avid writer, and enjoys playing devil's advocate in editorials, and reviewing the latest phones and gadgets. He also doesn't usually write such boring sentences.

  • http://www.facebook.com/people/Alexander-Drizzy-Rojas/100000186636833 Alexander Drizzy Rojas

    Apple is straight up walling out. They should be banned from the court honestly, I have never seen such a hateful and non competition derived company.

    • DCMAKER

      besides aamaco/standard oil :)

  • http://www.facebook.com/oidsmobile442 Anthony Ramirez

    Getting old.........

    • DavidKeith

      Getting really old really quick. Even is this is a sound reason to get more money. Its the fact that all this even started. I don't see what Samsung did wrong here..

      Now if Apple wants to go after Google for making Android that is another story.. but they would NEVER win that battle. The day Apple sues Google for patent infringment is when Samsung, HTC, Motorola, Huawei, and LG back Google up. I would pay money to be in the courtroom for the Apple vs Google if it ever happens

  • Bariman43

    I guess the argument is pretty sound. Samsung did indeed willfully infringe on Apple's broad, corrupt patents. Anyway, Apple's going to need that money with how badly they've screwed up recently.

    • NeedName

      "Samsung did indeed willfully infringe on Apple's *invalid* patents."

      fixed

      ;)

      just that. . . one jury person convinced all other jury members that prior art doesn't matter and then convinced them that people would pay extra for craptastic features.

    • vikings football

      but according to the rest of the world court system, samsung did not copy apple, so "willfully copied" is all but moot...only in the u.s. court system samsung is said to copy apple

      no wonder the u.s. is always the last in the world to get the latest tech gadgets

  • PINJ

    Well If They Are Entitled To It They Are Entitled To It. Samsung Knew They Were Infringing So They Should Pay Out. Do The Crime Do The TiME (See On The 'i' Uhm)

    • Keith Myers

      I am filing a patent for "uneducated blog comments" and suing you for that comment

    • http://www.facebook.com/andresdroid Andres Schmois

      Never seen such a bad comment before (In AP)... also is it really necessary to capitalize EVERY word?

      • DCMAKER

        Hey it is like a yahoo comment :P

      • Alan

        I tried telling him that last time in a subtle way but obviously he didn't get the message that You. Don't. Need. To. Capitalize. Every. Word!!!

      • Matthew Fry

        Just get over it. PINJ always does it. I'm pretty sure s/he is not a native English speaker so just give it a rest.

        • http://www.facebook.com/andresdroid Andres Schmois

          either way, the main point of my comment was on the fact that the comment was just uneducated like @google-07ccf515f9a934dc56bf243ce1a026a9:disqus said. Maybe if he sees these comments he'll learn that you don't need to capitalize.

  • sarah

    APPLE I THINK ITS OVER FOR YOU!!!!YOU REALLY DONT KNOW WAHT TO DO ANYMORE!!!

  • http://twitter.com/WaWaChoy Wa Wa Choy

    TBH from doing Jury duty service before you need to be aware that everyone on the jury maybe Pro Apple, want to go home early or just doesnt care. I agree with you Alex, i have never seen such a anti competitive company, it sounds more like they are running scared and cashing in. These cases make the M$ anti ones look petty

  • arnieswap

    David Ruddock You have no clue about this court case, so better stay away from giving your verdict and spreading FUD against Android. You better start reading Groklaw. Do you have any clue how messy the jury was?

  • Tarik2nu

    So, if Apple bans my Samsung S3, do I get an I-Phone 5 to replace it...for free?

    I was such an Apple fan & now...I don't even want their iPhone. Enough already.

    • Keith Myers

      If my HTC EVO 4G LTE was switched by an iPhone, I would sue to "Cruel and Unusual Punishment"

  • vikings football

    the jury foreman willfully swayed the rest of the juror, and the jury as a whole, willfully became part of apples team of lawyers

    • Keith Myers

      I agree here. The Jury foreman clearly swayed the jury because of his personal desire (as a patent holder) to "send a clear message" to other companies that patent infringement will not be tolerated.

      This was actually something the judge ordered the jury NOT to do.

  • http://twitter.com/mimrixmike Frettfreak

    Waaaah.... "we can't innovate anymore so we need your money and for you not to sell your product" fuck apple. I will not buy one of there products if they get rid of every android phone on the planet.

  • http://twitter.com/mimrixmike Frettfreak

    I do have to say that after seeing the case unfold it is obvious Samsung willingly tried to copy to some extent and they should pay.... But a billion is more than enough. Especially when you consider the fact that not one person would EVER pay more for a phone with the features that they had issue with than one without. It's just apple, scared and out of ideas

    • http://twitter.com/PCSievers P.C. Sievers

      Who were they willingly trying to copy? They showed prior art for most of this including Samsung phones that pre-dated the iphone which apple claim was a direct copy of the iphone in some headscratching time travel based claims.

      Did Samsung copy apple, or did they just copy the same people apple copied when they made the iphone? Apple failed to demonstrate a linear progression but they won because the jury clearly didnt understand the case presented to them.

      • DCMAKER

        well said

  • Michael Koch

    Apple... eat a big pile of SH////T.........

    • DCMAKER

      why not spell it as shit...there is no filter......

  • http://twitter.com/Darkmyth_pt Darkmyth PT

    FCC if you approved it , pay!!!!

    • Keith Myers

      Technically it was not the FCC, rather the USPTO, which Apple pretty much has on payroll

      • http://twitter.com/Darkmyth_pt Darkmyth PT

        mmmm nice to know friend, thank you very much

  • saltyzip

    Hasn't this been thrown out of court yet, common sense will prevail.

    • DCMAKER

      that is debatable...the jurors lacked it...this judge lacks it and most of our court system lacks it so it is very debatable if it will :/

  • yarrellray

    All this means nothing what so ever it'll be years before apple see's any money regarding this lawsuit. Apple better worry more about the 13% LTE patents Samsung own as well as the 10% Htc owns. That is what will either get the iphone 5 banned or Apple will be paying up to Samsung. This will not stop Samsung in any way that's for sure they are innovators not followers in the world of technology.

    • squiddy20

      "it'll be years before apple see's any money regarding this lawsuit" And your proof of this is... what exactly? Or were you just "predicting" again?
      "That is what will either get the iphone 5 banned or Apple will be paying up to Samsung" Says the dope who "knew" Samsung would be suing Apple the very day the iPhone 5 came out. Oh look, hasn't happened yet! :O What a fake.

  • master94

    We should all protest in front of Apple buildings for anti competitive behavior and not let anyone in, destroying apple's main revenue source. Maybe than they will know how it feels to have their money stolen by another, because all they are doing is stealing Samsung's hard earned cash. After all it's a fact Samsung R&D spends 8x what apple spends.

    • James

      lmao not let anyone in. You will get arrested within 10 minutes or get your a.ss handed to you in front of the store. Think of a new plan tough guy.

      • master94

        Clearly you have never protested anything. If you get the right permits you can do anything except damage physical property.

  • http://profiles.google.com/grantbarker.com Grant Barker

    May the strongest mafia win!

  • Mohaymen

    We all should run Anti-Apple campaign all over the place especially on social networks including facebook and twitter. I am doing it already almost everyday.

    • atg284

      Me too bro

    • paleh0rse

      I'm with ya... I've been harassing all my idiot friends who have iPhones for weeks now. F'n lemmings...

  • RealityCheck2013

    On the iPhone 5 now you can take a photo while in Video mode + do that Panorama photo mode thing??? So isn't that copying other peoples ideas??? :D

    • Matthew Fry

      But they are little and have no money for lawyers. Welcome to the US.

  • http://twitter.com/Grey01 √ėyvind Lauritzen

    This is really quite sad, i love Apple's computers even though i only have one MBP, and 4 ordinary pc's, allthough my GF has an iMac, MBP + an iPad, and i also mostly recommend Apple's Macbooks to everyone who does not use it to play games, but i feel i am getting so sick and tired of all this so i am not so shure my next laptop will be an Apple product.

  • sir charles

    It's clearly that apple has gone off the chain, drop this mess, because what you so full of it now, you are making enemies and no friends. You hurt people, they hurt your business. Can I get an Amen.

  • Rob

    I don't get where Apple is "anti-competitive"; the company makes amazing products (mostly, the iPhone not withstanding) and it would seem that most companies compete against Apple. The real issues here are that Apple had to foresight to patent various aspects of their intellectual design (you can't blame a company for doing that), and that the US Patent System actually granted patents for things that are actually quite universal to the design of smartphones and their operating systems. Then we have the Android ecosystem which is very much open-source and lacking in patents which just ends up allowing companies like Apple copy whatever they want free and clear (Notification Center, anyone?). While I do think some of the Samsung phones were a bit too close for comfort in terms of iPhone design, I think the decision to issue the patents in the first place was flawed and really demonstrates a lack of understand in this area by the folks issuing those patents.

    That said, boycotting Apple or staging protests in front of Apple stores is unlikely to generate the level of revenue disruption needed and therefore would have little to no effect. Millions upon millions of Apple fanboys and girls around the world are gobbling up the new iPhone5 even as reports come in about issues with the new OS. Most of these people want the next new iDevice because it's a status symbol more than a tech device to aid in productivity. That's where the worlds of Apple and Google part company and I'm thankful for that.

    • Robert Jakiel

      OK. Plain and simple. Anti-competitive is trying to enforce or enforcing patents for sole purpose of extracting exorbitant damages and banning product sales as opposed to licensing. On that note it is also exercising patents that have been proven time and time again to be invalid by public scrutiny due to prior art. Unfortunately public scrutiny has been illegal until now. Since patent laws have changed there is a new website made available by the USPTO that allows the public to submit evidence as well as prior art for a patent to be reviewed and invalidated based on prior art as well as obviousness. Most of Apple's patents fall under either of those two categories and these are mostly the patents they used against Samsung as well as other companies to bully them. So once all the dust settles, the patents invalidated, which most are currently under review, and the appeals process is done, Apple will be getting next to nothing. Lastly, the word on the street is that the FTC is going to open up an anti-trust investigation on Apple to bring the smack down on them. There is also a very strong rumor that the IRS will be investigating Apple for deceptive tax practices along with Microsoft by hiding and funneling their money through shell accounts in order to not pay the appropriate amount of corporate tax. Apple's time is coming and when it does they will beaten into stupidity and rightfully so.

      • Raizo

        you sound like an apple rep to me everything they did and will do is dirty this is just like the never ending war against windows apple is a half a$$ $h!7 company thats sue happy bcuz samsung makes way more money a billion ant jack$h!7 to samsung they make way more than just phones i mean just read this they'res a law suit against a grocery store over the name "A.pl" http://www.pcmag.com/article2/0,2817,2409669,00.asp

        • Raizo

          sorry thats @057e2eb392b95a2ecfc9d32d554e3917:disqus not @google-dde6fa5674a9243117234c2ce819af59:disqus

          • Raizo

            OMG MF SPELLCHECK!!!!! MY POST IS AIMED @057e2eb392b95a2ecfc9d32d554e3917:disqus

          • Raizo

            GGGGGERRRRRRR again ROB THE MESSAGE IS FOR ROB!!!!!!!!!!!!!!!
            THIS IS BS F#^$N SITE!!!!!

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