Sep 22 AT 1:05 PM Sean Riley 69 Comments

Apple requests $707 million be added to Samsung verdict, permanent injunctions as well

apple_patent_generic

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.

Via: Engadget

Source: Foss Patents

Sean has been with Android and Me for over 4 years and covering mobile for the last 5. He occasionally muses about gadgets and tech outside of the Android universe at Techgasms.

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  • redraider133

    Typical. Sadly with koh who is very pro apple these may take effect. Let’s hope the sgs doesn’t make it to this list.

    • Mr Romney, adorable and charming

      Hidden due to low comment rating. Click here to see.

      • Silver

        Odd. Seems like my comment disappeared or something.

        Does Adolph Hitler represents all Caucasians?

        If not, how does Samsung represents all Koreans/Asians? This is Apple vs Samsung NOT Apple vs Korean/Asian people. I keep seeing these comments here and several other sites and it just does not make any sense. You talk about Apple as if it’s a company (which is true) but when you talk about Samsung, you talk as if it’s the entire Korean population. It’s not.

      • triangle

        Another example of why A&M should require all comments should be from registered users. This situation is bad enough. Why invite trolls?

        • triangle bs

          Hidden due to low comment rating. Click here to see.

        • Max.Steel

          I’ve been saying it for ages. This site needs registered comments. The troll’s name is Ben Johnson and he constantly trolls from different usernames and emails.

        • Anthony44

          Another reason for condoms

      • anon

        I didn’t knew people can live with that low IQ

      • Monk

        What a ignorant comment. Samsung hires more people in US than apple and they actually build things in US factories. Apple hides its assets offshore to pay less tax, like every company.

        US only represent 1/3 of the global smartphone market and its declining. Even with a ban in US, android have 70% of the words market share.
        APPLE COPIES LIKE EVERYBODY ELSE.
        CHECK THE IOS 6 CLOCK. A TOTAL RIPOFF

  • philnolan3d

    Wasn’t Motorola suing apple for patent infringement and asking for an injunction?

    • http://www.technogasms.com Sean Riley

      Motorola’s claim against Apple is with the ITC and yes it would be an injunction on the iPhone. No new updates on that at the moment though.

    • Hom0ncruse

      final nail in the coffin for samsung

      • Anthony44

        Final nail really

      • tagstar

        Final nail in coffin? No Samsung is a diversified business. Paying the fees, if they do, is not going to kill them. It’s just a speed bump.

        The Apple legal team is the head cut off from the snake. The snake is still doing great R&D keeping consumers happy.

        And the head, (legal) is operating independently of consumer opinion. Who cares about PR? They are on the offense.

        It’s like the StarTrek TNG episode where the missile keeps attacking after the war is over by a century and both sides are already dead. That’s the apple legal team.

        • ck

          R&D – ha…Apphole has produced the same phone with little to no changes… Apple has no new innovation really, its been the same phone for years. I have both a andriod and a iphone… the later is by force from corporate… to which i have been thru version of both.

  • triangle

    When will this insanity end? It seems that apple will have to feel some pain in order for them to stop going after android, but it may be too late. I just hope that our judicial system figures out that these disputes don’t help anyone but he lawyers and do something rational for once.

    • Bryan Stoner

      The only judge that I can recall that has figured this out is Judge Posner. Great man. There has to be some others like him!

      • redraider133

        Or judges outside the US. They seem to be the only ones that do not rule in apple’s favor everytime.

    • Jillxz

      I think that Apple remembers the PC/Macintosh days when Microsoft became more popular and affordable . Microsoft let many manufacturers make PCs using Microsoft OS and other software. Apple stayed closed to this.

      Now it looks like Android could do the same to Apple , but Apple will not allow it again. So it has to do the only thing it can do and that is to try to cripple and hurt Android. It’s a sore loser and a poor competitor..

      I do wish something permanent could end this madness. Apple needs to be stopped and to compete in an honest way. People need a choice. Not one dominate company.

      • JB

        Let’s not forget that Apple stole the Mac user interface from the Xerox Star. But it doesn’t like when Samsung’s phones resemble iPhones.

        No one in his right mind will confuse an Android phone with an iPhone. Since iPhone is loosing marketshare against Android, instead of making better and technologically more competitive phones, Apple is choosing to make Samsung’s life difficult with obnoxious lawsuits. Grow up Apple.

        Apple, if you have the courage, why don’t you let the marketplace make the decision? Can iPhone beat Android in the marketplace? Apple’s actions lead me to believe even Apple doesn’t think iPhone can beat Android.

        There is a market for both phones. Why can’t Android and iPhone coexist and improve the lives of everyone? But that would take a more mature Apple management to see.

  • Raptor

    Hidden due to low comment rating. Click here to see.

    • redraider133

      If that was the case why is it not “stock android” apple is coming after? Maybe because the reason apple is going after samsung was because of touchwiz and the designs of their phones. There was like 1 or 2 patents that pertained to nexus devices and that was only for devices before ICS minus the universal search.

      • Raptor

        No. It was totally “illogical” Moto purchase with its patent portfolio which saved big G from ripoff by patent lawyers.

        • clocinnorcal

          So now its wrong for Google to own patents? I don’t understand how it’s a ripoff? They paid billions for those patents.

          • Raptor

            Did they buy Apple patents? No. They bought others to show their teeth and countersue Apple on possible violations of now theirs own ones. That’s what we start to see now: Motorola bites back, delaying FRAND licensing, sues Apple. Start to think for yourself at least a second a day.

  • Deter

    At what point does Samsung stop producing the processors, antennae, and screens that Apple relies on to keep up with any type of reasonable production schedule?

    Wouldn’t want to take the chance that Samsung’s chips look or act anything like Samsung’s chips they make for Apple.

    • http://www.technogasms.com Sean Riley

      The way the company is structured it probably will never come to that, obviously that’s a pretty lucrative contract for that branch of Samsung.

    • http://www.focuszonedevelopment.com Homncruse

      When money becomes less important than logic.

  • Bpear96

    …………………./´¯/)
    ………………..,/¯../
    ………………./…./
    …………./´¯/’…’/´¯¯`·¸
    ………./’/…/…./……./¨¯\
    ……..(‘(…´…´…. ¯~/’…’)
    ………\……………..’…../
    ……….”…\………. _.·´
    …………\…………..(
    …………..\………….\… you Apple

    • http://www.jaxidian.org/update/ jaxidian

      Too bad we can’t setup an “auto-comment” feature for any article that mentions “apple” and “court” and have this automatically posted on behalf of all of us…

      • Raptor

        Scoring of this site had a flaw. 100 points can have those who deserve it like Taylor and 100 points can get unitcellular populist. i remember at some point even Dick had almost 100 score. As to you, it’s only two points left for you to be a total moron.

        • Bpear96

          Im pretty sure when dick had almost a 100 points, it was before AndroidAndMe updated how there point system works..

  • virexed

    Greed is the root of all evil. This is ridiculous.

    • jamal adam

      At this point I wouldn’t be surprised if they wanted my money too but it’s never gonna happen.

      • miracleJake

        They do want your money Jamal, and mine and everyone else’s. If they can cripple the competition through these outrageous lawsuits they will take away our freedom of choice. At least when it comes to smartphones. And we’ll all buy their product. Personally I’d sooner buy a rotary phone.

  • Bryan Stoner

    If only they put that money towards charity or at least opening some workshop where they actually create the devices from there ridiculous patents, then well no. Eff you apple. I hope Samsung kicks the sh*t out of you with a wallop of pure awesome.

    • http://www.focuszonedevelopment.com Homncruse

      Agreed; if the money went to improve the conditions at their primary factories (read: Foxconn factory debacle), THEN I’d be inclined to believe it’s a matter of principle and not utter greed and anti-competitiveness.

  • Bpear96

    Apple your market value is over $600 Billion dollars, do you honestly need more money? Do you know that competition is a good thing? If it wasn’t for the competition, your iPhone wouldn’t have half the features it has today..

  • Cecy

    This is redicoulous!!! I really feel like APPLE should get a damn life and leave Samsung alone!!!! Apple is being so selfish, what I don’t get is that why are they being so money hungry?!! I hate apple!!!

  • clara fisher

    Hidden due to low comment rating. Click here to see.

    • Rovex

      Why advertise that you have low standards and self respect? Seems odd to me, but i guess its a sign of a mental problem.

    • Squirt

      Oh cmon, don’t need to wait. I can give you my s3 right now. Its much bigger and larger… you know you want it…

    • ari-free

      Made out of freshly squeezed Chinese slaves

  • jamal adam

    I thought it was already way out of hand but I guess its to be expected since it’s coming from Apple. Talk about a new level of greediness.

  • Rovex

    Its pretty shameless and greedy of Apple really, especially since they know most people think the jury got it wrong. I say let them keep this up, it only alienates more and more people.

    It will get overturned on appeal, but they need a distraction now from all the bad press their awful maps service and boring incremental phone is getting.

  • Shawn Clark

    Haha…Apple just mad about Samsung latest Ad clowning them tryna catch up with #TeamAndroid lol

  • Taylor

    It seems as if Apple would rather have a monopoly on smart phones than compete in the marketplace. Everyone in the mobile sector has tried to exploit the antiquated patent system, but Apple hold up the relic of a patent office as a defense for its preferred tactic of non-competition through monopoly.

    • Raptor

      We are all einsteins and geniuses would we live for 500 years.

      When in 500 years you will invent your first thing the whole patent system will abruptly start to make complete sense. For now though you are still a total dumbo.

      • TruFactz

        First off apple is a recipe company, they invented ONE thing, a damn plug, no it wasn’t the iPhone, an iPhone is an enhancement to what smart phones WAS supposed to be, BACK IN ’99

        • Raptor

          Levi’s did not invent the pants. They just reinforced them with rivets, the U.S. Patent 139,121

  • Jeremiah Akin

    They need the money to pay for the court costs for ripping off that clock design…

  • kazahani

    These greedy bastards aren’t rich enough??

    This is obviously anti-competitive behavior when at least 3 phones on that list (Epic 4g, Replenish and Transform) have physical QWERTY keyboards. How in the hell can anything with a physical keyboard violate Apple trade dress???

    • Raptor

      curious r u older then 12?

      • pjamies

        Ya he is older than you .. and most likely smarter too, cause you don’t have to be smart to be a troll like you!
        Troll, incase you were unaware of it before, the apple site is apple.com
        You could go their and be with your own types .. you know isheep.

        • Raptor

          i have no relationship to Apple or its products, you unicellular dumboid..

      • kazahani

        Pro tip: Using proper grammar, spelling and punctuation can help you seem like less of a pathetic little fuck when questioning someone’s credibility.

  • TruFactz

    Aww they just mad cause they couldn’t “navigate” their way to work today. Its OK, Rand McNally is still in buisness……..

  • Faildroid OS

    QQ at all meandroid bumsheeps ROFL…. losers

  • Nathan D.

    It never enough for apple.

  • Anthony44

    Apply will sue everyone for everything.
    Having a 4″ screen , pull down notification screen.
    I hear they are working right now to patent
    Air and toilet paper.

  • yankeesusa

    I still dont know how the gs3 looks like one of their phones? I understand maybe certain things that they may use in the software that are patented but on looks alone its just outragous if thats the case. The sad thing is that apple fans think this is a good thing that apple keeps doing this when in realilty it means higher prices for everyone, not just android users.

  • JusticeBringer

    If this goes through, I’d like someone to investigate the judge, see how much apple is paying him.

  • Voliam

    I love it-my phone is on the list. I think I’ll keep it even longer, just to give me the feeling that somehow I’m pissing Apple off!
    Bite me, Apple!

  • John

    How many of these phones are still being manufactured? If it’s a just matter of remaining inventory, I wonder why Samsung doesn’t just ship all of the remaining U.S. versions of these in and have a ‘fire-sale’? Also wonder if the ban does take place – what prevents Samsung and the telcos from just dumping them on eBay or similar outlets…

    • ibap

      There would probably be some restriction on their dumping them. Now if they sold them quickly to some third party…

  1. Typical. Sadly with koh who is very pro apple these may take effect. Let’s hope the sgs doesn’t make it to this list.

    • Mr Romney, adorable and charmingGuest 3 years ago

      Hidden due to low comment rating. Click here to see.

      • Odd. Seems like my comment disappeared or something.

        Does Adolph Hitler represents all Caucasians?

        If not, how does Samsung represents all Koreans/Asians? This is Apple vs Samsung NOT Apple vs Korean/Asian people. I keep seeing these comments here and several other sites and it just does not make any sense. You talk about Apple as if it’s a company (which is true) but when you talk about Samsung, you talk as if it’s the entire Korean population. It’s not.

      • Another example of why A&M should require all comments should be from registered users. This situation is bad enough. Why invite trolls?

      • anonGuest 3 years ago

        I didn’t knew people can live with that low IQ

      • MonkGuest 3 years ago

        What a ignorant comment. Samsung hires more people in US than apple and they actually build things in US factories. Apple hides its assets offshore to pay less tax, like every company.

        US only represent 1/3 of the global smartphone market and its declining. Even with a ban in US, android have 70% of the words market share.
        APPLE COPIES LIKE EVERYBODY ELSE.
        CHECK THE IOS 6 CLOCK. A TOTAL RIPOFF

  2. Wasn’t Motorola suing apple for patent infringement and asking for an injunction?

    • Motorola’s claim against Apple is with the ITC and yes it would be an injunction on the iPhone. No new updates on that at the moment though.

    • Hom0ncruseGuest 3 years ago

      final nail in the coffin for samsung

      • tagstarGuest 3 years ago

        Final nail in coffin? No Samsung is a diversified business. Paying the fees, if they do, is not going to kill them. It’s just a speed bump.

        The Apple legal team is the head cut off from the snake. The snake is still doing great R&D keeping consumers happy.

        And the head, (legal) is operating independently of consumer opinion. Who cares about PR? They are on the offense.

        It’s like the StarTrek TNG episode where the missile keeps attacking after the war is over by a century and both sides are already dead. That’s the apple legal team.

        • ckGuest 2 years ago

          R&D – ha…Apphole has produced the same phone with little to no changes… Apple has no new innovation really, its been the same phone for years. I have both a andriod and a iphone… the later is by force from corporate… to which i have been thru version of both.

  3. When will this insanity end? It seems that apple will have to feel some pain in order for them to stop going after android, but it may be too late. I just hope that our judicial system figures out that these disputes don’t help anyone but he lawyers and do something rational for once.

    • The only judge that I can recall that has figured this out is Judge Posner. Great man. There has to be some others like him!

    • JillxzGuest 3 years ago

      I think that Apple remembers the PC/Macintosh days when Microsoft became more popular and affordable . Microsoft let many manufacturers make PCs using Microsoft OS and other software. Apple stayed closed to this.

      Now it looks like Android could do the same to Apple , but Apple will not allow it again. So it has to do the only thing it can do and that is to try to cripple and hurt Android. It’s a sore loser and a poor competitor..

      I do wish something permanent could end this madness. Apple needs to be stopped and to compete in an honest way. People need a choice. Not one dominate company.

      • JBGuest 3 years ago

        Let’s not forget that Apple stole the Mac user interface from the Xerox Star. But it doesn’t like when Samsung’s phones resemble iPhones.

        No one in his right mind will confuse an Android phone with an iPhone. Since iPhone is loosing marketshare against Android, instead of making better and technologically more competitive phones, Apple is choosing to make Samsung’s life difficult with obnoxious lawsuits. Grow up Apple.

        Apple, if you have the courage, why don’t you let the marketplace make the decision? Can iPhone beat Android in the marketplace? Apple’s actions lead me to believe even Apple doesn’t think iPhone can beat Android.

        There is a market for both phones. Why can’t Android and iPhone coexist and improve the lives of everyone? But that would take a more mature Apple management to see.

  4. RaptorGuest 3 years ago

    Hidden due to low comment rating. Click here to see.

    • If that was the case why is it not “stock android” apple is coming after? Maybe because the reason apple is going after samsung was because of touchwiz and the designs of their phones. There was like 1 or 2 patents that pertained to nexus devices and that was only for devices before ICS minus the universal search.

      • RaptorGuest 3 years ago

        No. It was totally “illogical” Moto purchase with its patent portfolio which saved big G from ripoff by patent lawyers.

        • So now its wrong for Google to own patents? I don’t understand how it’s a ripoff? They paid billions for those patents.

          • RaptorGuest 3 years ago

            Did they buy Apple patents? No. They bought others to show their teeth and countersue Apple on possible violations of now theirs own ones. That’s what we start to see now: Motorola bites back, delaying FRAND licensing, sues Apple. Start to think for yourself at least a second a day.

  5. At what point does Samsung stop producing the processors, antennae, and screens that Apple relies on to keep up with any type of reasonable production schedule?

    Wouldn’t want to take the chance that Samsung’s chips look or act anything like Samsung’s chips they make for Apple.

  6. …………………./´¯/)
    ………………..,/¯../
    ………………./…./
    …………./´¯/’…’/´¯¯`·¸
    ………./’/…/…./……./¨¯\
    ……..(‘(…´…´…. ¯~/’…’)
    ………\……………..’…../
    ……….”…\………. _.·´
    …………\…………..(
    …………..\………….\… you Apple

    • Too bad we can’t setup an “auto-comment” feature for any article that mentions “apple” and “court” and have this automatically posted on behalf of all of us…

      • RaptorGuest 3 years ago

        Scoring of this site had a flaw. 100 points can have those who deserve it like Taylor and 100 points can get unitcellular populist. i remember at some point even Dick had almost 100 score. As to you, it’s only two points left for you to be a total moron.

  7. Greed is the root of all evil. This is ridiculous.

    • At this point I wouldn’t be surprised if they wanted my money too but it’s never gonna happen.

      • miracleJakeGuest 3 years ago

        They do want your money Jamal, and mine and everyone else’s. If they can cripple the competition through these outrageous lawsuits they will take away our freedom of choice. At least when it comes to smartphones. And we’ll all buy their product. Personally I’d sooner buy a rotary phone.

  8. If only they put that money towards charity or at least opening some workshop where they actually create the devices from there ridiculous patents, then well no. Eff you apple. I hope Samsung kicks the sh*t out of you with a wallop of pure awesome.

    • Agreed; if the money went to improve the conditions at their primary factories (read: Foxconn factory debacle), THEN I’d be inclined to believe it’s a matter of principle and not utter greed and anti-competitiveness.

  9. Apple your market value is over $600 Billion dollars, do you honestly need more money? Do you know that competition is a good thing? If it wasn’t for the competition, your iPhone wouldn’t have half the features it has today..

  10. CecyGuest 3 years ago

    This is redicoulous!!! I really feel like APPLE should get a damn life and leave Samsung alone!!!! Apple is being so selfish, what I don’t get is that why are they being so money hungry?!! I hate apple!!!

  11. clara fisherGuest 3 years ago

    Hidden due to low comment rating. Click here to see.

  12. I thought it was already way out of hand but I guess its to be expected since it’s coming from Apple. Talk about a new level of greediness.

  13. RovexGuest 3 years ago

    Its pretty shameless and greedy of Apple really, especially since they know most people think the jury got it wrong. I say let them keep this up, it only alienates more and more people.

    It will get overturned on appeal, but they need a distraction now from all the bad press their awful maps service and boring incremental phone is getting.

  14. Haha…Apple just mad about Samsung latest Ad clowning them tryna catch up with #TeamAndroid lol

  15. It seems as if Apple would rather have a monopoly on smart phones than compete in the marketplace. Everyone in the mobile sector has tried to exploit the antiquated patent system, but Apple hold up the relic of a patent office as a defense for its preferred tactic of non-competition through monopoly.

    • RaptorGuest 3 years ago

      We are all einsteins and geniuses would we live for 500 years.

      When in 500 years you will invent your first thing the whole patent system will abruptly start to make complete sense. For now though you are still a total dumbo.

      • First off apple is a recipe company, they invented ONE thing, a damn plug, no it wasn’t the iPhone, an iPhone is an enhancement to what smart phones WAS supposed to be, BACK IN ’99

  16. They need the money to pay for the court costs for ripping off that clock design…

  17. These greedy bastards aren’t rich enough??

    This is obviously anti-competitive behavior when at least 3 phones on that list (Epic 4g, Replenish and Transform) have physical QWERTY keyboards. How in the hell can anything with a physical keyboard violate Apple trade dress???

    • RaptorGuest 3 years ago

      curious r u older then 12?

      • pjamiesGuest 3 years ago

        Ya he is older than you .. and most likely smarter too, cause you don’t have to be smart to be a troll like you!
        Troll, incase you were unaware of it before, the apple site is apple.com
        You could go their and be with your own types .. you know isheep.

      • Pro tip: Using proper grammar, spelling and punctuation can help you seem like less of a pathetic little fuck when questioning someone’s credibility.

  18. Aww they just mad cause they couldn’t “navigate” their way to work today. Its OK, Rand McNally is still in buisness……..

  19. Faildroid OSGuest 3 years ago

    QQ at all meandroid bumsheeps ROFL…. losers

  20. It never enough for apple.

  21. Apply will sue everyone for everything.
    Having a 4″ screen , pull down notification screen.
    I hear they are working right now to patent
    Air and toilet paper.

  22. I still dont know how the gs3 looks like one of their phones? I understand maybe certain things that they may use in the software that are patented but on looks alone its just outragous if thats the case. The sad thing is that apple fans think this is a good thing that apple keeps doing this when in realilty it means higher prices for everyone, not just android users.

  23. If this goes through, I’d like someone to investigate the judge, see how much apple is paying him.

  24. I love it-my phone is on the list. I think I’ll keep it even longer, just to give me the feeling that somehow I’m pissing Apple off!
    Bite me, Apple!

  25. JohnGuest 3 years ago

    How many of these phones are still being manufactured? If it’s a just matter of remaining inventory, I wonder why Samsung doesn’t just ship all of the remaining U.S. versions of these in and have a ‘fire-sale’? Also wonder if the ban does take place – what prevents Samsung and the telcos from just dumping them on eBay or similar outlets…