Apple Inc. on Monday gave a federal judge a list of eight Samsung
Electronics Co. products it wants pulled from shelves and banned from
the U.S. market, including popular Galaxy model smartphones.
U.S.
District Judge Lucy Koh asked for the list after a jury in San Jose last
week slammed Samsung with a $1.05 billion verdict, finding that the
South Korean technology giant had "willfully" copied Apple's iPhone and
iPad in creating and marketing the products. Samsung plans an appeal.
The
products Apple wants out are all smartphones: Galaxy S 4G, Galaxy S2
AT&T, Galaxy S2, Galaxy S2 T-Mobile, Galaxy S2 Epic 4G, Galaxy S
Showcase, Droid Charge and Galaxy Prevail.
Koh on June 26 banned
the Galaxy Tab 10.1 from the U.S. market after finding it likely
violated a "design patent." Samsung is now asking for that ban to be
lifted after the jury found the computer tablet didn't infringe that
particular patent, but it did find it infringed three Apple's software
patents that cover the popular "bounce-back" and pinch-to-zoom features.
The
judge has scheduled a Sept. 20 hearing to discuss Apple's demands for
the sales bans. She asked Apple on Friday to submit the list of products
its wants removed from U.S. stores after Samsung complained that it
doesn't have enough time to prepare for the scheduled hearing.
The
judge is deciding whether to reschedule the hearing to give Samsung
more time to prepare. Samsung plans to ask the judge to toss out the
jury's verdict as unsupported by the evidence. Failing that, the company
says it will appeal the verdict to higher courts, including the U.S.
Supreme Court.
In addition to the sales bans, Apple also plans to
ask the judge to triple the damages to $3.15 billion because of the
jury's finding that Samsung "willfully" copied Apple.
Apple filed
its lawsuit in April of last year alleging that 28 Samsung smartphones
and computer tablets had "slavishly copied" the iPhones and iPads.
Samsung countered with its own claims that Apple used its wireless
technology without proper compensation.
A nine-person jury in its
verdict Friday unanimously agreed with Apple. Most of the damages were
tied to Samsung's smartphones. The jury rejected Samsung's
counterclaims.
Most of the Samsung products found to have
"infringed' Apple's patent were older devices no longer being sold. The
list Apple presented to the court on Monday represent devices it
believes are still being sold in U.S. stores, including several versions
of the company's popular S2 phones introduced last year. Samsung's
newest and hottest selling smartphone, the Galaxy S3, was not part of
the lawsuit and is unaffected by the jury's verdict.
The award
represents about 1.5 percent of Samsung's annual revenue. Analysts said
the embarrassment of the verdict is a bigger blow for Samsung than the
financial setback.
Still, the question remains whether Samsung and
other Apple competitors will have to redesign their smartphones to
avoid infringing Apple's patents. Most analysts agree the verdict sends a
threatening message to device makers such as Samsung, which use
Google's Android operating system.
Source: NDTV
Posts
