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Apple and Samsung keep bickering over billions

SAN JOSE — After months of waiting, Apple and Samsung jumped right back into their arguing ways Thursday, bickering for the entire afternoon over the validity of this summer’s blockbuster $1 billion jury verdict.

In August, a jury awarded Apple over $1 billion in damages based on Samsung’s infringement of Apple’s intellectual property. Thursday, Samsung asked for a new trial on damages, while Apple requested injunctions against more Samsung products they allege infringe on their patents.

Apple went on the offensive by demanding bans on the sale of several Samsung smartphones and tablets the jury found were infringing. Samsung argued most of the injunctions were unnecessary as most of the products named have already left the market.

Apple insisted that, like an old Ford Mustang, products have a longer lifespan than when they are originally sold, and Samsung has flooded the market in order to unlawfully take market share from Apple.

Apple asserts this case is about establishing boundaries for Samsung’s refusal to stop copying Apple and take Apple’s established product goodwill. Samsung denies Apple’s accusation and considers Apple to be using the courts to disrupt fair competition in the marketplace.

While jury conduct was not at issue at the hearing, Samsung singled out the jury foreman as evidence of misconduct and reason for a new trial. Samsung attorney John Quinn emphatically argued that foreman Vel Hogan had lied about his legal troubles with Seagate, one of Samsung’s business partners, to influence the jury to decide in favor of Apple.

Apple counsel Bill Lee told Judge Koh that the court should respect the jury decision and not pick apart the deliberation process for Samsung’s own enrichment.

When Koh once again requested the parties settle their endless global intellectual property conflict, she did get a straight answer when she asked both sides when the case will resolve. Koh said from the bench:

“This is not a joke. I am being serious.”

While Thursday’s hearing was the last one scheduled for this Apple v. Samsung trial, Judge Koh is also expected to preside over a new trial on different patents with more advanced smartphones and tablets, currently set for a jury trial in 2014.

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