As readers know, a jury decided that Samsung was guilty of “wilfully” copying Apple products in developing its own products. A $1.05 billion decision was awarded to Apple, although Samsung is expected to appeal – and may have good reason to.
On June 26, Koh already banned Samsung’s Galaxy Tab 10.1 from United States markets. This was after it was determined that the Tab “likely” violated a design patent. Samsung wants that ban lifted because the jury found that the Tab actually didn’t violate the design patent, although it did violate three software patents.
The Samsung products Apple wants purged from U.S. markets are as follows:
- Galaxy S 4G
- Galaxy S2 AT&T
- Galaxy S2
- Galaxy S2 T-Mobile
- Galaxy S2 Epic 4G
- Galaxy S Showcase
- Droid Charge
- Galaxy Prevail
At this point and time, there is a hearing set for September 20 to discuss Apple’s list. There is the possibility for rescheduling, though, as Koh has said that she could offer Samsung more time to prepare.
Apple’s rival is expected to ask the judge to toss the verdict due to a lack of evidence. If that doesn’t happen, Samsung may go to the U.S. Supreme Court.
Apple, meanwhile, plans to ask the judge to triple the damages based on the belief that Samsung intentionally infringed on the patents. After the jury unanimously agreed with their charges, this could have some weight going forward and Samsung could have to pony up much more green. Even so, the initial verdict is only one and a half percent of the company’s annual revenue.
It is interesting to note that most of the 28 Samsung products alleged to have infringed on Apple patents are no longer being sold, although Apple still maintains that American stores are moving units.
In order to achieve the product ban, Apple has to pass what is being called a “four-part test.”
First, it must establish irreparable injury from the patent infringements. Second, it must prove that monetary damages aren’t enough to repair said injuries. Third, it must prove that another solution is necessary. And fourth, Apple has to prove that a ban against Samsung products is not against the public interest.