In a motion filed late Friday, Apple asked Judge Lucy Koh to add an additional $707 million to the $1.049 billion in damages awarded by a jury in last month's ruling against Samsung. The company also requested a permanent ban on US sales of 26 Samsung smartphones and three of its tablets. Samsung, meanwhile, argued for a new trial and said that, "at a minimum," the awarded damages should be reduced by $35 million.
In its motion, Apple requested an extra $400 million for design infringement, $135 million for infringement of its utility patents, $121 million in supplemental damages, and $50 million in prejudgment interest. The company also argued that Samsung willfully infringed upon its patents in an attempt to gain market share. "The initial success gained through the sale of these six cloned products was the springboard for the second-generation Galaxy S II line of products as well as numerous other infringing smartphones," Apple said in its filing.
Samsung wants a do-over
Samsung's lawyers argued for a new trial on the grounds that last month's proceedings were too compressed for such a complex case. "The Court's constraints on trial time, witnesses and exhibits were unprecedented for a patent case of this complexity and magnitude, and prevented Samsung from presenting a full and fair case in response to Apple's many claims," the manufacturer said. "Samsung therefore respectfully requests that the Court grant a new trial enabling adequate time and even-handed treatment of the parties."
Samsung also requested for a reduction in damages on the grounds that the jury made a series of miscalculations in reaching its verdict. In a separate statement, the company said, "It is unfortunate that patent law can be manipulated to give one company a monopoly over rectangles with rounded corners, or technology that is being improved every day by Samsung and other companies." A final ruling on the case is expected on December 6th.