Yesterday marked the beginning of yet another chapter in the Apple v. Samsung saga, as it was the first day of Samsung’s appeal against the verdict from earlier this year. If the verdict stands as-is, it would have Samsung paying Apple over one billion dollars in patent infringement damages, but that’s not necessarily going to happen. Both Apple and Samsung are making a case for a different verdict now that the appeals have begun.
In Samsung’s case, they’re arguing that they want to see a breakdown of the jury’s calculations, so they know how they came to their $1.05 billion verdict. Apple says they don’t think that’s necessary (of course), but Judge Koh evidently disagrees. According to the BBC, she said during yesterday’s hearing:
“I don’t see how you can look at the aggregate verdict without looking at the pieces put together to make that verdict. If there is a basis to uphold the damages award, by the record, then I am going to uphold it. But I think it is appropriate to do analysis by-product.”
Samsung also argued that the whole case should be thrown out due to juror misconduct, particularly in the case of jury foreman Velvin Hogan. Immediately after the trial, there was some controversy about his behaviour, but experts say it probably isn’t enough to get the whole case redone. This is more of an off-chance hail mary for Samsung, but it’s an interesting move nonetheless.
On the other side of the courtroom, Apple also wasn’t happy with the verdict, apparently. Not only do they want an extra half billion dollars in damages, they also want permanent injunctions against all of the devices that were found to be infringing on their patents. Judge Koh is unlikely to hand down an appeal verdict that’s anywhere near that harsh, but again, it’s worth a shot for Apple. If they could get any of those injunctions granted, it would be a decisive blow against their Korean rival.
While the two tech giants continue to bicker, Judge Koh stressed that she’d like to see “global peace” between Samsung and Apple. They’re currently engaged in lawsuits in every corner of the Earth, and Koh thinks that everyone would be better off if they could agree to a patent licensing deal similar to what Apple and HTC just agreed to. We’re not sure how likely that is at this point, but it’s a nice thought, right?