Apple Inc. (NASDAQ:AAPL) and Samsung Electronics Co., Ltd. (LON:BC94), the arch rivals in the smartphone and tablet category will again be seen in a US court, battling against each other. This time the duo will meet to decide whether the jury verdict, of $1bn in damages awarded earlier this year, should be thrown out.
The landmark trial between the two smartphone makers, took place in August this year, where Apple Inc. (NASDAQ:AAPL) won damages from Samsung Electronics Co., Ltd. (LON:BC94), which was found to infringe the iPhone maker’s patents. The Korean firm, which was clearly disappointed with the verdict, is pleading for a retraction, claiming that the jury foreman acted with “deliberate dishonesty” during jury selection.
“Samsung is hoping to set aside the verdict entirely, accusing the jury foreman of lying to get on the jury,” said Edward Naughton, a patent attorney who is following the case closely. “This argument isn’t likely to succeed, but Samsung may convince the court to whittle down the jury verdict a bit”.
The Galaxy maker is arguing on the ground, that Velvin Hogan “deliberately concealed information” about a lawsuit he had been involved in against Seagate, of which Samsung owns 10 percent, 20 years ago that resulted in him filing for bankruptcy. If the hearing does not go its favor, then the company plans to ask for a cut in the damages awarded.
“Mr. Hogan’s failure to disclose the Seagate suit raises issues of bias that Samsung should have been allowed to explore in questioning,” Samsung Electronics Co., Ltd. (LON:BC94) said in an October filing to the court.
From Apple Inc. (NASDAQ:AAPL)’s side, the company is asking for an increase in the amount of damages, claiming that since it was an allegedly “willful” infringement from Samsung. The iPhone maker is also asking for a ban on some of its rival’s smartphones, including Samsung’s latest Galaxy S3 handset.
The case will be presented before the long-suffering San Jose district judge Lucy Koh today. Whatever may be the outcome, Samsung is believed to pursue the case to the Federal Circuit Court of Appeals, and even all the way to the Supreme Court.
Other pending details regarding the recent patent settlement between Apple Inc. (NASDAQ:AAPL) and HTC Corp (TPE:2498) are also expected to be revealed during the hearing. Apart from this case, the two companies are also engaged in another battle over newer products, including the Galaxy SIII phone and iPhone 5, hearing for which is scheduled in 2014.
