September 23, Apple has requested a U.S. court to ban this a permanent ban on Samsung selling infringing products in the U.S. market. At the same time, Apple also made another demands that the court last month ruled that Samsung needs more than 10 billion U.S. dollars on the basis of the compensation paid to Apple, asking the court ruled that Samsung again Apple an additional payment of $ 707 million in damages.
Previously, the hospital has ruled that Samsung infringed Apple iPhone and iPad using six technology patents, and asked Samsung to compensation of $ 1 billion. Apple has won its case why should Samsung hot pursuit? The experts said that only the compensation value for Apple, Apple is most concerned about is the lock-up, in the last of the prosecution, this requirement does not allow Apple to do so. This is the main reason Apple again to the courts.
Apple patent battle with Samsung has staged more than a year. Back in April 2011, Apple began to bring infringement proceedings for Samsung Electronics, Apple accused Samsung "steal" a part of the design of the iPad and iPad2, Samsung claims of $ 2.5 billion, and to stop selling its tablet products. Samsung has denied Apple's allegations and counter-attack, said Apple is infringers. Currently, the "war" has spread to many countries around the world.
The end of August this year, in a patent infringement lawsuit in the District Court in San Jose, California, Apple wins Samsung one chip, the jury verdict Samsung violated Apple's patents, should be $ 1.05 billion in compensation to Apple. However, Apple and Samsung are not satisfied with this verdict.
Apple on Friday continued to San Jose, California district court submitted a new document, requires Samsung extra compensation for the loss of $ 707 million fee. Including the payment of the $ 400 million compensation for violations of the property rights to the design, infringement of utility patents compensation of $ 135 million, $ 121 million based on sales of Samsung products not covered by the jury for consideration of compensation, as well as pre-payment before the judgment of 31 December 5000 million dollars in loss of interest, all damages totaling $ 707 million.
In addition to the request for additional financial compensation, Apple is also asking the court to ban to allow Samsung's infringing products can not be sold forever. Apple claims that the court ban, including any infringing products or any other products with similar functions with the infringing products banned the sale of "content. Been banned products may not only be involved, there all Samsung mobile phones and tablet products with the same functionality.
September 22, Samsung also submitted to the court a new file, I hope the court to modify or overturn the jury's judgment of August 24. Samsung believes that before the ruling, the court unfair restrictions in trial time, witnesses and show evidence. Samsung also said that it will be the iPhone 5 to the current patent litigation in the United States.
For both requests, the San Jose District Judge Gao Lan Hui plans to hold a hearing on Dec. 6 to discuss the issues raised by the two companies. Samsung said Gao Lan Hui refused the request of the company, it will appeal.
"Although Samsung loses, but Apple's intent was not achieved, only the compensation value for Apple, Apple sued again in order to achieve the purpose of the lock-up." Internet experts Tangxin said.
Southeast University School of Law Attorneys Marin told reporters, Apple is now the practice does not violate the legal procedures, as long as Apple is able to produce evidence to prove the original claim is insufficient to cover the loss of the original Apple has the right to continue to claim .
The However, Tangxin Apple to convince the court to re-trial be difficult, because the same thing can not be court twice, the last time the final judgment, unless it can provide new evidence that the two lawsuits. "In the short run, the two patent war should come to an end, and the long term, the patent war will continue."
An obvious sign that the the patent warfare has become an important means for Apple containment competitors. When HTC (microblogging) won the first U.S. smartphone market quarter, Apple launched the HTC patent war also threw out the ban order to apply for the this face "banner". When when Samsung started hot in the United States, Samsung became Apple's focus on combating object, hesitate in the United States pursued vigorously.
According to IDC statistics, in the first quarter of this year, Samsung's share of global smartphone shipments 29% share beyond Apple, the world's largest mobile phone manufacturers, with 23% of Apple's share of a back seat. Market research firm Juniper Research data show that the second quarter of this year, Samsung smartphone shipments to 52 million Apple iPhone shipments of only 26 million, and as a the iPhone5 direct competition the Samsung's new flagship Galaxy S III , is achieved sales of over ten million results in just two months time.
Tangxin that the patent case, the main purpose is to delay the pace of the opponent's weaker opponents may have a great impact. "Samsung is Apple's biggest competitor, Apple's patent strategy has also become the biggest target of attack."
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