clock menu more-arrow no yes

Filed under:

After jury verdict, Apple seeks Samsung sales ban and retrial for more damages

New, 108 comments

Apple may have been awarded $119.6 million in damages from Samsung for the latest patent spat between the two tech giants, but the Cupertino-based company is looking to get that final number modified to a value closer to the $2.191 billion it originally requested. In a wholly expected move for a patent dispute such as this, Apple filed documents in court yesterday to seek a permanent injunction against a number of older Samsung phones that a jury last month determined to infringe a couple of Apple's software patents.

The devices include the Admire, Galaxy Nexus, Galaxy Note, Galaxy Note 2, Galaxy S II, Galaxy S II Epic 4G Touch, Galaxy S II Skyrocket, Galaxy S III, and Stratosphere, according to the court filing. Newer devices were not included in the latest lawsuit between the two companies, but Apple is also seeking to get a sales ban against "software or code capable of implementing any Infringing Feature, and/or any feature not more than colorably different therefrom." That could include newer phones and tablets.

"Apple will suffer irreparable harm if Samsung continues its use of the Infringing Features"

Key to Apple's claim in the court documents is that it "will suffer irreparable harm if Samsung continues its use of the Infringing Features, that monetary damages cannot adequately compensate Apple for this resulting irreparable harm." The company will have to convince district court Judge Lucy Koh that it will be irreparably harmed if Samsung is able to continue selling the devices. In the past, Koh has denied such requests from Apple, and it seems unlikely that Apple will be successful here.

The company also filed separate paperwork requesting a partial retrial to address the monetary damages. Apple's lawyers are seeking a new trial regarding damages for all five patents, including two that the jury found Samsung did not infringe. Similarly, sealed documents filed by Samsung likely seek to have its damages adjusted as well.

Matt Macari contributed to this report.