"The Court's constraints on trial time, witnesses and exhibits were unprecedented for a patent case of this complexity and magnitude, and prevented Samsung from presenting a full and fair case in response to Apple's many claims."-Samsung in its filing to Judge Koh seeking a new trial
In a filing with the U.S. District Court in San Jose, which was where the
epic Apple-Samsung patent trial was recently heard, Samsung asked Judge Lucy Koh for a new trial. Apple, for it's part,
requested that the judge tack on $707 million to the $1.05 billion awarded to it by the jury. Additionally, Apple is seeking a permanent injunction on a number of Samsung devices.
Samsung is asking for a new trial because of what it calls an "
unreasonable and unsupported" verdict made by the jury based on the evidence and testimony presented during the trial. Samsung also is complaining that Judge Koh's strict time limits on testimony and the number of witnesses allowed prevented the Korean based manufacturer from having a fair trial. The judge
limited each side to 25 hours of witness testimony.
The two companies are facing each other in courtrooms covering ten countries regarding claims of patent infringement by both sides. In the case in San Jose District Court, Apple accused Samsung of copying the design of the Apple iPhone and Apple iPad for its line of smartphones and tablets. In a move that could be of some concern to Samsung, Apple's filing on Friday requested an injunction on
other Samsung products not previously named in the trial, with features not much different than those devices found by the jury to have infringed on Apple's patents. This could lead to an import ban in the U.S. on the sizzling hot
Samsung Galaxy S III which has
sold in excess of 20 million units.
If Samsung does have a shot at a new trial it could be due to the actions of the jury. In
interviews made after the trial, some of the jurors indicated that they
failed to consider prior art when determining if Samsung had infringed on Apple patents. Additionally, the judge refused to let Samsung present evidence that would have shown the jury certain designs made by a Sony engineer that resembled the Apple iPhone that pre-dated Apple's work on the handset.
Judge Koh will hold a hearing on these issues and others on December 6th.
source:
AP
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