Apparently a billion dollars isn’t cool with Apple, but in a court filing late last night they outlined that what would be cool is just $707 million more.
As you are no doubt aware the jury in the Apple v. Samsung patent case awarded Apple the tidy sum of 1.05 billion dollars last month as recompense for Samsung violating both their patents and trade dress with multiple devices. The verdict left open the possibility for Apple to request an enhancement of the portion of the patent infringement and trade dress that was considered “willful” and to ask for supplemental damages tied to Samsung’s sales from July 1st to December 31st.
The reason for that last part is that the jury was only considering sales through June 30th and with the parties not coming together again until December 6th it’s unlikely that this will be resolved before the end of the year. The split amongst those three pieces are $135,761,166 for willful patent infringement, $400 million for trade dress infringement and $171 million for additional sales.
Apple is also asking for permanent injunctions against all infringing products. The following products are named specifically: Captivate, Continuum, Droid Charge, Epic 4G, Exhibit 4G, Fascinate, Galaxy Ace, Galaxy Prevail, Galaxy S, Galaxy S 4G, Galaxy S II (AT&T), Galaxy S II (i9000), Galaxy Tab, Galaxy Tab 10.1 (Wi-fi), Gem, Indulge, Infuse, Mesmerize, Nexus S 4G, Replenish, Vibrant, Galaxy S II (T-Mobile), Transform, Galaxy S Showcase, Galaxy S II (Epic 4G Touch), Galaxy S II (Skyrocket).
Most of these products are at least close to end of life, but the real concern for Samsung is that Apple also is asking that the injunction cover “any other product with a feature or features not more than colorably different from any of the infringing feature or features in any of the Infringing Products.” It would be up to Judge Koh to determine if any current devices qualify and that’s gotta be a frightening prospect for Samsung.
Obviously this is simply what Apple is asking for and Judge Koh may shoot down any or all of it. Again the injunctions will be what we really keep our eyes on as the lump sum, while staggering, isn’t exactly an extreme hardship for Samsung. It’s also worth remembering that Samsung still has some ammo of it’s own, although early signs haven’t been exactly positive on that front.
We remain ready as always for everyone to cross license their way out of this mess and just make cool new phones.