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Judge pleads for 'global peace' in Apple-Samsung fight

By Martyn Williams
December 6, 2012 10:45 PM ET

The arguments over damages didn't stop there. In August, the jury found that Samsung's infringement was willful, which allows Koh to increase the damages by up to three times.

"Apple has not come close to meeting the standard for willfulness," said Kathleen Sullivan, a lawyer with Quinn Emmanuel, representing Samsung.

She argued that of the $1.05 billion award, about 90 percent was immediately not applicable for an increase under law. Sullivan then argued down the remaining $101 million to about $10 million that could be trebled, and then offered reasons why even that should not be increased.

"We're looking at Samsung's state of mind," said Harold McElhinny, an attorney with Morrison Foerster, representing Apple. "This was an intentional attempt by Samsung to copy an electronic product that they knew was covered by literally thousands of patents."

Beyond the damages, Koh also has in front of her a request for an injunction to stop sales of the 26 Samsung handsets covered in the case.

Apple supports an injunction, but Samsung argued that most of the handsets aren't on sale anymore. It did reveal that 77,000 units of the Galaxy SII, one of the phones covered in the case, are still with retailers in the U.S.

The two sides also clashed over jury foreman Velvin Hogan. He was party to a lawsuit in 1993 against Seagate -- a company that last year acquired Samsung's hard-disk drive business in return for a 10 percent share of the company. Samsung contends that Hogan should have disclosed this before the jury was selected.

"We know that he was dishonest in a court question and we know from interviews he has given that he very much wanted to be on this jury," Samsung lawyer Tom Quinn said, referring to interviews Hogan granted reporters after the case.

"At a minimum, the court needs to hold a hearing, foreman Hogan be brought in and we have a chance to question him, and the other jurors be brought in and we have a chance to question them on his influence," said Quinn.

Koh expressed some skepticism at the argument.

"Hogan said he worked for Seagate, why didn't you ask him?"

Martyn Williams covers mobile telecoms, Silicon Valley and general technology breaking news for The IDG News Service. Follow Martyn on Twitter at @martyn_williams. Martyn's e-mail address is martyn_williams@idg.com

Reprinted with permission from IDG.net. Story copyright 2014 International Data Group. All rights reserved.
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