Judge pleads for 'global peace' in Apple-Samsung fight
The two sides spent Thursday arguing over a $1 billion damages award to Apple for Samsung's infringement of its smartphone patents
IDG News Service - At the end of a long court hearing in California on Thursday that saw Apple and Samsung argue over a $1 billion damages award granted to Apple this summer, Judge Lucy Koh had a simple yet optimistic request: global peace.
"When is this case going to resolve?" she asked lawyers for the two sides. "This is not a joke; I'm being serious."
The answer, like so much in this protracted legal dispute, was far from simple. Lawyers for both companies spoke -- and, not surprisingly, in neither case did they answer her question. Instead they found fault with the other.
Koh continued: "I don't want to order anyone to meet again because it hasn't proven successful so far, but is there anything else that can be done? I've said this all along, it's time for global peace."
Koh spoke at the end of a hearing at the San Jose District Court in California, the same courtroom where a jury in August found Samsung had violated numerous Apple patents on smartphone technology and design, and ordered Samsung to pay $1.05 billion in damages.
The trial appears to be heading for appeal, but before that the judge has to sign off on the jury's verdict. So on Thursday, a little after 1:30 p.m., in a courtroom packed with lawyers and reporters, arguments got under way about specific points that the lawyers believe the jury got wrong.
A lot of arguments were about the damages award.
The jurors were asked to come up with a damages figure for each phone model, considering whether the phones infringed on the company's design and utility patents. Jurors considered Samsung's profits made on each phone, Apple's lost profits, and any patent royalty fees.
Samsung contends that a lot of the figures were too high, and Apple, of course, contends they are not.
The arguments got deep into the weeds on a number of specific awards for different phones. One of the first up was the Samsung Prevail, which the jury found to have infringed Apple utility patents but not any design patents.
Samsung argued that the jury took into account both Samsung's profits and Apple's lost profits, when they should have considered only the former. Koh seemed to agree. "It appears the damages award is not authorized by law for this product.," she said.
Other phones and patents were also debated and while the specifics were different for each, it often came down to the same question: should any errors be left as they were, should they be recalculated to correct them, or should the entire damages award be thrown out and calculated from scratch.
- In Apple v. Samsung, it's a 'holy war' for $2B
- A day into the trial, Apple and Samsung already annoying each other
- Supreme Court justices raise questions about software patents
- Phil Schiller up again in next round of Apple-Samsung battle
- Nokia and HTC bury hatchet in patent disputes
- How about them apples: Google and Samsung ink patent deal
- Samsung's Apple damages equal to just 16 days' profit
- Supreme Court to get software patent case
- The latest move to kill bad patents divides tech industry
- Judge refuses to stay Apple-Samsung lawsuit pending patent review
- Assessing ROI for Mobile Acceleration Clients This EMA® paper examines the business case for deploying mobile WAN optimization client software and builds a ROI model based on the experiences...
- The Apple-ization of the Enterprise: Understanding IT's New World Read this paper for how to tackle Apple-ization (and the related consumerization of IT and Bring Your Own Device/BYOD).
- A Practical Introduction to Enterprise Mobility Management Read the white paper to better understand the basic concepts within mobility management and to learn how you can apply EMM technology to...
- Enterprise Mobility: A Checklist for Secure Containerization The advantages and disadvantages of the multiple approaches to containerization. Learn More>>
- On-demand webinar: "Mobility Mayhem: Balancing BYOD with Enterprise Security" Check out this on-demand webinar to hear Sophos senior security expert John Shier deep dive into how BYOD impacts your enterprise security strategy...
- Mobile Security: Containerizing Enterprise Data In this on-demand webinar, Fixmo's Lee Cocking, VP of corporate strategy, explains why Apple-ization trends like mobility and "bring-your-own-device" (BYOD) are driving the... All Mobile/Wireless White Papers | Webcasts
Our new weekly Consumerization of IT newsletter covers a wide range of trends including BYOD, smartphones, tablets, MDM, cloud, social and what it all means for IT. Subscribe now and stay up to date!