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Apple v Samsung: Judge revisits patent verdict | Apple v Samsung: Judge revisits patent verdict |
(35 minutes later) | |
A US federal judge has urged Apple and Samsung to end their ongoing worldwide legal battle over patents, as she reviews the $1.05bn (£652m) awarded to Apple in damages in an August ruling. | A US federal judge has urged Apple and Samsung to end their ongoing worldwide legal battle over patents, as she reviews the $1.05bn (£652m) awarded to Apple in damages in an August ruling. |
"I think it's time for global peace," Judge Lucy Koh said at the end of a hearing in San Jose. | "I think it's time for global peace," Judge Lucy Koh said at the end of a hearing in San Jose. |
Samsung is seeking a new trial, or reduced sum, after a jury said it had violated Apple patents. | Samsung is seeking a new trial, or reduced sum, after a jury said it had violated Apple patents. |
Judge Koh said she would issue a series of rulings over several weeks. | Judge Koh said she would issue a series of rulings over several weeks. |
Apple, for its part, has asked for an increase in the award and for a permanent ban on the US sales of eight Samsung smartphones the jury said illegally used Apple's patented technology. | Apple, for its part, has asked for an increase in the award and for a permanent ban on the US sales of eight Samsung smartphones the jury said illegally used Apple's patented technology. |
The two companies are embroiled in several lawsuits in many different countries. | The two companies are embroiled in several lawsuits in many different countries. |
Analysis by product | |
Samsung called into question the legality and soundness of the jury's calculations when deciding the amount of damages. | |
Apple urged Judge Koh not to try to figure out the jury's reasoning on a device-by-device basis. | |
"I don't see how you can look at the aggregate verdict without looking at the pieces put together to make that verdict," Judge Koh said. | |
"If there is a basis to uphold the damages award, by the record, then I am going to uphold it," she continued. "But I think it is appropriate to do analysis by product." | |
'Tenuous connection' | 'Tenuous connection' |
Samsung has asked for the verdict to be entirely dismissed and for a new trial to be held. | |
One of Samsung's main arguments centres around the impartiality of foreman Velvin Hogan. | One of Samsung's main arguments centres around the impartiality of foreman Velvin Hogan. |
Samsung said it was misconduct on his part not to disclose that he had been sued by his former employer, Seagate Technology, in 1993. Samsung now holds a stake in Seagate. | Samsung said it was misconduct on his part not to disclose that he had been sued by his former employer, Seagate Technology, in 1993. Samsung now holds a stake in Seagate. |
Mr Hogan has said that according to court instructions he only needed to disclose litigation within the previous 10 years. | Mr Hogan has said that according to court instructions he only needed to disclose litigation within the previous 10 years. |
Although Judge Koh did not indicate what she thought of Samsung's argument in court, legal experts said it was unlikely to be reason enough for a whole new trial. | Although Judge Koh did not indicate what she thought of Samsung's argument in court, legal experts said it was unlikely to be reason enough for a whole new trial. |
"The connection here is tenuous," said Christopher Carani, a patent lawyer in Chicago. "I would be surprised if Judge Koh accepted this argument and scrapped the jury's entire finding." | "The connection here is tenuous," said Christopher Carani, a patent lawyer in Chicago. "I would be surprised if Judge Koh accepted this argument and scrapped the jury's entire finding." |