“As it did in its first California action against Samsung in 2012, Apple is looking to leverage a jury’s recent decision to net a permanent injunction of Samsung devices found in infringement of three patents. The company is also requesting a complete retrial of the damages case that ended in a $119.6 million award, much less than the $2.2 billion Apple was seeking,” Campbell reports. “On the issue of a permanent injunction, Apple is asserting that the continued sales of Samsung’s infringing products would cause the company irreparable harm that cannot be remedied with monetary damages.”
“Apple v Samsung presiding Judge Lucy Koh already denied an injunction in the first California case, saying Apple’s evidence did not sufficiently prove irreparable harm. Considering the current injunction is based on a similar piece of evidence, namely a conjoint consumer survey conducted by MIT professor John Hauser, the granting of an injunction from Koh would be surprising,” Campbell reports. “As for Apple’s bid for a retrial, the company entered a motion for judgment as a matter of law (JMOL) seeking an order that additional Samsung products infringe certain patents, treble damages of the largest damages decision awarded by the jury or, in lieu of the previous, a complete retrial.”
Read more in the full article here.
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