California Patent Attorney® Blog

Apple Wants Extra $707M On Top Of $1B Samsung Patent Verdict

September 24, 2012

iphone-ipad.jpgCalifornia -- Apple Inc. asked a California federal judge Friday to grant it an additional $707 million in enhanced and supplemental damages and interest in the iPad and iPhone patent infringement case that recently yielded a $1 billion verdict against Samsung Electronics Co.

Samsung infringed Apple's patents willfully, tried to conceal its misconduct and did not act in good faith, Apple told Judge Lucy Koh of the Northern District of California in a motion for a permanent injunction and damage enhancements that requested $535 million in enhanced damages under the Lanham Act and Patent Act.
Apple also separately asked for another $172 million in a motion for judgment as a matter of law and amended judgment Friday.

"Samsung made a calculated business decision to copy the industrial designs, graphical user interfaces, and touchscreen navigation technology of the iPhone and iPad," Apple's motion for enhanced damages said. "Samsung has reaped extraordinary rewards from its wrongful sale of iPhone and iPad clones by taking market share, revenues, and profits from Apple."

In the first six months of 2012 alone, Samsung received over $1.5 billion in revenue from the 26 products that the jury found infringed or diluted Apple's patents and trade dresses, according to Apple.

"Samsung's misuse of Apple's intellectual property has caused severe, long-term and irreparable harm to Apple in a market where customer loyalty is critical and at a time when many consumers are making their first smartphone purchases," the motion says.
Samsung has engaged in its wrongful conduct willfully, ignoring repeated warnings from Apple, the California federal court and the Federal Circuit regarding the validity and infringement of Apple's patents and the dilution of its trade dresses, as well as from the press and various carriers that pointed out Samsung's obvious copying, Apple says.
"Samsung bet that the benefits of using Apple's intellectual property would far outweigh any damage award that might result from litigation," the motion says "Even the substantial damages awarded by the jury are dwarfed by the profits Samsung has reaped and will continue to reap from its unlawful conduct. This court can and should take further action."