It turns out that $539 million is more than Samsung is willing to pay Apple after it was found to have infringed on several patents.
The trial over how much the chaebol was to pay in damages that ended two weeks ago after six years of overlapping litigation may restart in just two weeks. We’re learning through Law360 that Samsung has filed a post-trial motion that reiterated its case for why it should only pay $28 million instead.
The company said that Judge Lucy Koh’s instructions allowed the jury to not identify what the article of manufacture that each of three iPhone-related design patents applied to — for example, did the patent covering a colorful grid of icons apply to just the software component or the whole iPhone when it comes to potential lost sales Apple wants to claim?
Samsung managed to figure out that the grid patent was thought by the jury to apply to the whole product and explained why it disagreed with the judgment.
“Some internal phone components may cause the GUI design to appear on the screen, but it does not follow that the design is applied to those components,” the motion reads.
The company asked that all three patents in question, which make up $533.4 million of Apple’s award, be found to apply to only the components directly associated with them. It also wants a further reduction in damages based on operating costs for its infringing products such as production and marketing.
The company is also going after a verdict separate, but related to this case involving a 2012 patent covering “pinch-to-zoom” and other gestures. Samsung argues that as the US Patent and Trademark Office invalidated the patent, it should be refunded some $145 million it paid to Apple as a result of the trial.
“Apple is not entitled to retain damages for an invalid patent,” the motion goes on.
Apple previously insisted that Samsung has no such right to a refund.
Law360 reports that Apple may respond to the motion by June 21 and a hearing on a new trial will take place July 26.