Samsung is trying to weasel out of paying up to Apple, asking Judge Lucy Koh for a mistrial based upon the supposedly “racist” remarks of Cupertino’s attorneys. But Judge Lucy Koh was having none of it.
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There are few tech terms more loaded than “user privacy” here in 2013.
Back in January Cult of Mac reported that Apple had lost its spot on a list of the 20 most trusted companies when it comes to user information. That was long before the revelations of Edward Snowden and PRISMgate (the subject of an entire recent issue of our Newsstand magazine), which made everyone super-jumpy about data collection and what it means for personal liberties.
In latest news from the Samsung vs. Apple patent case, Samsung on Wednesday filed an emergency motion with presiding Judge Lucy Koh to halt Apple’s damages retrial.
Why the halt? Because according to court documents, the US Patent and Trademark Office has suggested that Apple’s “pinch to zoom” patent (which much of the patent trial revolves around) might not actually be valid.
Judge Koh Rules That Apple Siri Patent Case Can Continue, Orders Samsung And Apple To Streamline Things
In case you’ve missed it, there are currently two cases being heard by US District Judge Lucy Koh in the Apple v Samsung patent legal struggle. The first one, Apple won a $1.05 billion verdict last fall against Samsung, which Judge Koh pulled about $450 million off of, and then ordered a new damages trial. She also rejected Apple’s request for a permanent sales ban. Apple appealed, but we’re waiting for a ruling till September, most likely.
US District Court Judge Lucy Koh today denied Apple’s request to have several documents sealed from public view in its fight to recoup more damages from Samsung than were even awarded by the jury several weeks ago. The documents include “product-specific unit sales, revenue, profit, profit margin, and cost data” that it also wants to use in its argument for a higher award from the court.
Judge Koh basically said that Apple can’t have it both ways. Her decision says to the Cupertino-based company that it can’t use documents in its arguments that it then in turn wants to keep secret. It just doesn’t work that way.
Check out the image above, and then marvel that Samsung put this together for the court case it lost to Apple a couple weeks back in US District Court. Judge Lucy Koh understandably excluded the slide from Samsung’s final argument documents – these comparisons have nothing to do with the actual merits of the case, but rather show that Apple was asking for a lot of money in damages.
Regardless of the facts, though, this image is pretty hilarious. It does show what a crazy amount of money companies are taking in and/or losing in our current “touch economic times,” rendering the phrase meaningless when set next to these kinds of figures.
Samsung may have been treated unfairly when the trial’s magistrate Judge refused to admit new evidence into the case late in the game despite the fact it had allowed Apple to order an earlier sanction against it, a prominent law blog is reporting.
A post in Groklaw.net says Samsung may build a case around the issue of unfairness in an attempt to throw out the verdict if the jury goes against it.
The jury will hear instructions to find a verdict for multiple counts of patent infringement claims in today’s court session of the Apple-Samsung trial. After terms are set, lawyers from each side will gather their final arguments and present them to the jury with the hope of resolving the first skirmish in a series of big legal battles between them.
Only this skirmish is more significant that most. It could end up inflicting very serious financial blows if either one receives a large reward figure or patent nullification. According to financial analysts who testified at the trial last week, a full finding against could cost Samsung upwards of $2.5B and Apple more than $500M. These figures are based on combinations of profit-loss estimates of products sold. The jury can consider and amend these figures as needed. The jury may, for example, choose to give Apple a reward based on the average high-end price point of iPhone applications, at $1.49 an app, as opposed to the median app price of $.99.
But that’s just one possibility. Apple could suffer blows to its lucrative and proprietary touch-screen and mobile technology that has helped push the company towards its current status as the most valuable company in the world.
At the end of a long trial day, US District Court Judge Lucy Koh, who’s been the presiding justice over the course of both pre-trial and actual trial, urged that Apple and Samsung speak together to try and resolve their differences out of court before the jury comes back to deliberate on the evidence that has been presented by both sides this week and last.
“It’s time for peace,” Koh said, adding, “I see risks here for both sides.”
Judge Lucy Koh has once again made a plea of Apple and Samsung to make peace in their patent dispute before a verdict is handed down. Not doing so, the federal judge warns, could be a danger to both Apple and Samsung.