Apple Inc. (NASDAQ:AAPL) wants Judge Lucy Koh to rethink her decision of removing $450.5 million off the original $1.05 billion from Samsung Electronics Co., Ltd. (LON:BC94) (KRX:005930) early this month. Koh also requested for a retrial and now the Cupertino-based tech giant is mad. They say that Koh made the mistake of cutting the amount of money Samsung owed for the patent infringement lawsuit that happened last year.
As a challenge, Apple Inc. (NASDAQ:AAPL) brought up the fact that the Galaxy S II and Infuse 4G were sold all within the allowed time frame for the patent infringement. This means that the number of products listed in the damages award should increase from 14 to 16 and raise the damages from $600 million to $685 million, a number that makes up nearly two-thirds of the $1.05 billion.
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Apple Inc. (NASDAQ:AAPL) drew up their own filing which requests that the court re-evaluates their ruling from March 1st. This filing only has two products mentioned. Part of the filing mentioned the following:
Apple Inc. (NASDAQ:AAPL) respectfully requests that the Court grant Apple Inc. (NASDAQ:AAPL) leave to file a motion for reconsideration and that the Court reconsider its March 1 Order as to these two products, reinstate the jury award of $40,494,356 for the Galaxy SII AT&T, and $44,792,974 for the Infuse 4G and calculate supplemental damages for the Galaxy S II AT&T.
It’s important to note that should the court agree with Apple this time, they still must fulfil Samsung Electronics Co., Ltd. (LON:BC94) (KRX:005930)’s request for the partial last judgement.
Florian Mueller from Foss Patents said that although Apple Inc. (NASDAQ:AAPL) wants Koh to fix the mistake, there is also another issue that’s brought up the issue of how they could prevent the partial final judgement for Samsung.
Apple Inc. (NASDAQ:AAPL) is fighting for what they believe is right and it’s smart that they taking action right away. Hopefully, Judge Koh will see the err in her decision and make the necessary amends.
Apple Motion to Reconsider