Was the $1.05 billion damages award enough in the the Apple vs Samsung case? According to Apple, $1.76 billion or $1.91 billion is a little more appropriate. $535 million of the requested additions are due to both willful infringement and violation of US Trademark Law with the trade dress rulings in the case. Beyond that, Apple is hoping to further supplement their winnings with any damages sustained after June 30, the date which the previous calculations were based upon yet after which Samsung’s products continued to be sold.
In all of these cases, Apple has legitimate legal reasons for requesting further damages – however, this doesn’t mean that Samsung is taking things laying down. The Korean tech behemoth is contesting about $50 million in damages due to a seemingly arbitrary jury award for the Samsung Galaxy Prevail’s violations. That adjustment would push the total down beneath the landmark $1 billion figure, which could prove a marketing victory for the battered company.
As if that wasn’t enough, Apple is also requesting permanent injunction (halt of retail sales) against the following devices:
“Captivate, Continuum, Droid Charge, Epic 4G, Exhibit 4G, Fascinate, Galaxy Ace, Galaxy Prevail, Galaxy S, Galaxy S 4G, Galaxy S II (AT&T), Galaxy S II (i9000), Galaxy Tab, Galaxy Tab 10.1 (Wi-fi), Gem, Indulge, Infuse, Mesmerize, Nexus S 4G, Replenish, Vibrant, Galaxy S II (T-Mobile), Transform, Galaxy S Showcase, Galaxy S II (Epic 4G Touch), Galaxy S II (Skyrocket)”
In addition, any products that Samsung makes that infringes the same patents ruled upon in this case would be subject to permanent injunction as well under this request.