Apple demands damages after court denies sales ban on Samsung products

Apple is looking for at least $6.46 per Samsung product that infringes on three patents

Apple has asked a U.S. court to award it monetary damages for continuing infringement of three of its patents by Samsung Electronics, following the court's refusal to ban sales of the infringing products.

Last week Apple saw its request for an injunction on U.S. sales of infringing Samsung products, including the Galaxy S III smartphone, denied by Judge Lucy Koh in the San Jose division of the U.S. District Court for the Northern District of California.

The company failed to convince the court that people were buying Samsung products because of the infringing features, she said.

Apple has already said it will appeal that ruling, and late Wednesday it filed the request for monetary compensation for ongoing infringement of the three patents.

In May a jury awarded Apple US$119.6 million in damages for Samsung's pre-trial infringement of the patents, much less than the $2 billion Apple had asked for.

The three patents cover the "slide to unlock," "auto correct" and "quick links" features. The last one detects if typed text is an email address or a date, for example, and can add it to the address book or calendar.

Apple said in Wednesday's motion it will continue to be irreparably harmed by Samsung's infringement. While the harm cannot be fully compensated with money damages, it said, "Nonetheless, Apple is entitled to receive at least an ongoing royalty to partially compensate for Samsung's ongoing infringement of Apple's patents through sales of the infringing products and products that are not more than colorably different from the infringing products."

For infringing the three patents, Apple demanded a total of at least $6.46 per infringing Samsung product. The amount is based on the implied per-product amounts awarded by the jury for Samsung's past infringement of these patents, Apple said.

After the May ruling, Apple and Samsung agreed to settle their legal disputes outside of the U.S., ending lawsuits in nine countries, leaving the U.S. as their only remaining patent battle ground.

This is the second major patent victory for Apple over Samsung in California. In the first, Apple was awarded $1.05 billion in damages for Samsung's violation of its patents, although that was reduced to about $930 million in a retrial.

Loek is Amsterdam Correspondent and covers online privacy, intellectual property, open-source and online payment issues for the IDG News Service. Follow him on Twitter at @loekessers or email tips and comments to loek_essers@idg.com

Join the Good Gear Guide newsletter!

Error: Please check your email address.

Tags Appleintellectual propertySamsung Electronicslegalpatent

Our Back to Business guide highlights the best products for you to boost your productivity at home, on the road, at the office, or in the classroom.

Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Loek Essers

IDG News Service
Show Comments

Essentials

Lexar® JumpDrive® S57 USB 3.0 flash drive

Learn more >

Microsoft L5V-00027 Sculpt Ergonomic Keyboard Desktop

Learn more >

Mobile

Lexar® JumpDrive® S45 USB 3.0 flash drive 

Learn more >

Exec

Audio-Technica ATH-ANC70 Noise Cancelling Headphones

Learn more >

Lexar® Professional 1800x microSDHC™/microSDXC™ UHS-II cards 

Learn more >

HD Pan/Tilt Wi-Fi Camera with Night Vision NC450

Learn more >

Lexar® JumpDrive® C20c USB Type-C flash drive 

Learn more >

Budget

Back To Business Guide

Click for more ›

Most Popular Reviews

Latest News Articles

Resources

PCW Evaluation Team

Azadeh Williams

HP OfficeJet Pro 8730

A smarter way to print for busy small business owners, combining speedy printing with scanning and copying, making it easier to produce high quality documents and images at a touch of a button.

Andrew Grant

HP OfficeJet Pro 8730

I've had a multifunction printer in the office going on 10 years now. It was a neat bit of kit back in the day -- print, copy, scan, fax -- when printing over WiFi felt a bit like magic. It’s seen better days though and an upgrade’s well overdue. This HP OfficeJet Pro 8730 looks like it ticks all the same boxes: print, copy, scan, and fax. (Really? Does anyone fax anything any more? I guess it's good to know the facility’s there, just in case.) Printing over WiFi is more-or- less standard these days.

Ed Dawson

HP OfficeJet Pro 8730

As a freelance writer who is always on the go, I like my technology to be both efficient and effective so I can do my job well. The HP OfficeJet Pro 8730 Inkjet Printer ticks all the boxes in terms of form factor, performance and user interface.

Michael Hargreaves

Windows 10 for Business / Dell XPS 13

I’d happily recommend this touchscreen laptop and Windows 10 as a great way to get serious work done at a desk or on the road.

Aysha Strobbe

Windows 10 / HP Spectre x360

Ultimately, I think the Windows 10 environment is excellent for me as it caters for so many different uses. The inclusion of the Xbox app is also great for when you need some downtime too!

Mark Escubio

Windows 10 / Lenovo Yoga 910

For me, the Xbox Play Anywhere is a great new feature as it allows you to play your current Xbox games with higher resolutions and better graphics without forking out extra cash for another copy. Although available titles are still scarce, but I’m sure it will grow in time.

Featured Content

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?