7 May-2014, Bloomberg: Samsung will challenge a jury’s $US120 million award to Apple in a patent-infringement verdict that was “unsupported by evidence”, a Samsung lawyer says.
Samsung will ask the trial judge and an appeals court, if necessary, to reduce the damages awarded by the jury to zero, Samsung lawyer John Quinn said.
Apple sought as much as $US2.2 billion in damages in the companies’ second US trial as the world’s top two smartphone makers seek to dominate a market that was valued at $US338.2 billion last year, according to data compiled by Bloomberg.
Samsung had 31 per cent of industry revenue, compared with 15 per cent for Apple, whose share of the market has shrunk as the touchscreen interface has become more commonplace and Samsung, LG and Lenovo have introduced lower-cost alternatives.
The jury’s verdict, which included findings of infringement by both companies, sets the stage for each to seek a judge’s order banning US sales of some older devices found to have copied its technology.
“Of course we’re pleased that the jury awarded Apple 6 per cent of what they were asking for,” Quinn said. “But even that can’t stand, because Apple kept out all the real world evidence and didn’t produce anything to substitute for it, so you have a verdict that’s unsupported by evidence – and that’s just one of its problems.”
Apple spokeswoman Kristin Huguet did not immediately respond to a request for comment.
She said earlier that the jury’s verdict “reinforces what courts around the world have already found: that Samsung wilfully stole our ideas and copied our products.”
The verdict is the eighth-largest jury award in the US this year, according to data compiled by Bloomberg.
After the judge said there was a possible error in the verdict jurors issued on Friday, the panel reviewed its calculations and made some modifications, while leaving the total amount of damages the same.
Michael Risch, a professor at Villanova University’s law school, said he interprets Quinn’s statement to mean that he thinks the damages analysis presented by Apple at the trial “was so unhinged from reality that it could not support any damages.”
“Samsung will likely appeal,” Risch said. “At this stage an appeal is cheap, even if the total can be reduced by $US10 to $US20 million.”
Apple won infringement findings on three of its five patents at issue in the case. Jurors also found that Apple infringed one of two Samsung patents at issue and awarded $US158,000 in damages to Samsung.
The jury of four women and four men heard almost four weeks of evidence in the same courtroom where the first trial was held two years ago. The second case revolved around whether Samsung used features in Google’s Android operating system that copied the iPhone maker’s technology.
Apple was awarded $US930 million in the first trial. In that case, which involved earlier models of smartphones and tablets, Apple’s request for an order barring sales of infringing Samsung phones was rejected by US District Judge Lucy Koh. Apple has said the ban was more important to it than monetary damages.
In the second trial, Apple claimed 10 Samsung devices, including the Galaxy S3, infringe five of its patents. The patents cover a range of user-interface designs for the iOS software that powers iPhones and iPads.
Samsung contended that five Apple devices, including the iPhone 5 and versions of the iPod, infringe two of its patents.