In the latest filing, Samsung is aware of the risks of another patent infringement trial with billions of dollars on the line.
As Latinos Post has been monitoring, Judge Lucy H. Koh reduced the $1.05 billion verdict, awarded by a jury to Apple, by 40 percent. The percentage equates to approximately $450.5 million. With the reduction were 14 Samsung products Apple has accused of infringing their patents. To decide the cost of the 14 Samsung products, a new trial will be set in California, and the South Korean-based company is aware the case could backfire on them once again.
The 14 patents, which include the Galaxy Prevail, Gem, Indulge, Infuse 4G, Galaxy SII AT&T, Captivate, Continuum, Droid Charge, Epic 4G, Exhibit 4G, Galaxy Tab, Nexus S 4G, Replenish, and Transform, could result in Samsung paying in damages exceeding the $1.05 billion verdict.
As Foss Patents noted, Samsung's latest filing last Friday read, "Apple can seek even more damages on these products in the new trial."
"Just like Samsung, I was always talking about a possibility, not about the likelihood of such an outcome," stated Foss Patents. "I'm sure that if you asked Samsung, they'd tell you that while Apple can seek even more damages, Samsung is convinced it's not entitled to them and believes that it's now in a position to at least bring down the damages figure."
According to Samsung, Apple's recent filing requesting for a motion for reconsideration of Judge Koh's 40 percent reduction are "conditional," while noting Apple is asserting the courts made errors. Apple has also filed for a further $85.3 million that the jury awarded Samsung for the Galaxy S2 and Infuse 4G.
"Thus, Apple seeks a result that would enable it to use the $85 million final award on the Galaxy S II (AT&T) and Infuse 4G as additional leverage against Samsung during the pendency of the appeal if Samsung's Rule 54(b) motion is granted, but if Samsung's Rule 54(b) motion is denied and Apple gets an immediate new trial, then Apple wants the Court to simply ignore the 'errors' it has purportedly identified so that Apple can seek even more damages on these products in the new trial," Samsung wrote in Friday's filing. "Apple should not be heard to argue that there are 'errors' if the Court rules Samsung's way, but no errors if the Court rules Apple's way."
Apple vs. Samsung's next patent infringement trial has been set for March 2014, and will feature devices such as Samsung's Galaxy S3 and Apple's iPhone 5.
Latinos Post has covered the Apple vs. Samsung Patent Infringement Trial with a series chronicling the patent infringement case. The first installment can be read here, dating back Apple original complaint, while the second installment on how the Apple vs. Samsung trials is proceeding worldwide, click here. The third installment on its impact on other tech companies, such as HTC and Motorola, can be viewed here.