In the latest courtroom drama between Apple and Samsung the former won the case where the latter was ordered by the court to pay $119 million in fines for infringing some of the patents held by Apple. This amount isn’t what Apple had in mind as the company initially asked for $2.2 billion in damages and it looks like the company will be getting this as they challenge the court decision.
Apple has filed a separate paperwork seeking for a partial retrial to address the monetary claim. The company is also seeking a permanent injunction against several older Samsung devices in a separate document filed in court. According to the court filing the models are 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. These models have been identified as having infringed on some of the patents held by Samsung.
Newer Samsung models have not been included in this latest request for a sales ban however the document shoes that any device will be included in the sales ban if it includes “software or code capable of implementing any Infringing Feature, and/or any feature not more than colorably different therefrom.”
According to Apple they are pursuing this new case since 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.”
Samsung spokesman Adam Yates commented on this issue by saying that “after the jury rejected Apple’s grossly exaggerated damages claim, Apple is once again leaning on the court to push other smartphones out of the market. If granted, this would stifle fair competition and limit choice for American consumers.”
Apple has been waging a legal battle against Samsung since 2011 across four continents. Its latest move will prove to be difficult to win as the presiding judge in the case is U.S. District Judge Lucy Koh in San Jose, California. Judge Koh is the same judge who twice rejected Apple’s request in previous trials. The company must prove beyond reasonable doubt that it has been irreparably harmed by Samsung which is a pretty hard sell. Legal experts predict that this case won’t prosper as the company previously filed a similar infringement case which didn’t go anywhere.
While both tech giants are slugging it out in court their global smartphone shipments are slowly falling. Samsung’s shipments for the first quarter of 2104 fell to around 31 percent from 32 percent of the previous year. Apple’s share on the other hand fell to 15 percent from 18 percent of the previous year. The winners are the Chinese companies such as Huawei and Xiaomi who are seeing massive sales surges in emerging markets.