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Apple looks to squeeze more damages from Samsung

Asks for more money
Thu Mar 28 2013, 11:15
Apple iPhone fighting Samsung Galaxy SIII

GADGET DESIGNER Apple is not happy with the amount of damages it was awarded from Samsung, and has requested that the company be forced to hand over more.

In a court filing, Apple asked a US judge to add about $85m to the $600m damages it's already in line to receive, saying it has the right to recover Samsung's profits from sales of devices that infringe patents - in particular the Samsung Galaxy S2 and Infuse 4G.

"Apple respectfully requests that the court grant Apple leave to file a motion for reconsideration and that the court reconsider its March 1 Order," wrote Apple's lawyers in a recent court filing.

While it might sound like Apple is asking for a lot, it was initially set to receive $1bn in damages before this amount was reduced by $450 million. Judge Koh made that decision earlier this month, ordering a new trial on damages related to 14 Samsung products including the Nexus S 4G and Galaxy Tab.

"The court has identified an impermissible legal theory on which the jury based its award and cannot reasonably calculate the amount of excess while effectuating the intent of the jury," Judge Koh said in her ruling at the beginning of March.

If Judge Koh does rule in Apple's favour and add an additional $85m to the damages it is owed, Apple will receive a bumper $685m from rival Samsung. However, such a ruling would also open the door for Samsung to appeal the entire case, having earlier asked for an appeal on the initial damages award.

Neither Apple nor Samsung has responded to our request for comment. µ

 

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