Apple and Samsung are going to a place they both should be all too familiar with today; the courtroom. Samsung is hoping to fight off that massive $1bn judgement against them. Apple, on the other hand, is actually hoping to get another $535m tacked on to the judgement. Apple is arguing that because the jury ruled that Samsung’s infringement was willful, it should be required to pay an even higher penalty.
US District Court Judge Lucy Koh of the San Jose, California court will hear arguments from both today. The Judge will decide which, if any, of Samsung’s products should be banned from sale. Apple is hoping to have 26 devices removed from sale, including both phones and tablets. Today’s ruling will not include Samsung’s flagship Galaxy S III device, but Apple plans to add it, and many other devices, to the case.
Samsung is claiming that the total was added incorrectly by the jury and is seeking a recount. The ruling was already changed slightly after it was first announced when Samsung pointed out that the jury had granted Apple money for a device that was not found to be infringing in the first place. Perhaps something similar will happen when Samsung presents these arguments today.
The foreman of the jury for this case has presented some problems, and Samsung will surely be using the arguments against him today. He is responsible for guiding the jury punitively, instead of decided based on the value of each device. He also failed to disclose that he was sued by Seagate – a partner of Samsung – which may have made him biased in the case. Of course, today will not be the end, and regardless of the decision, plenty of appeals are sure to follow.