Apple (AAPL) Still Hopes For Additional Damages After Judge Rejects Samsung Sales Ban

by Darcie | Thursday, Dec 20, 2012 | 577 views

Apple Inc. (NASDAQ:AAPL) still hopes to be awarded additional damages even after losing its bid to stop U.S. sales of certain Samsung Electronics Co., Ltd. (KRX: 005930)’s devices because of patent infringements. And a just-released United States Patent and Trademark Office decision to reject a key Apple patent will likely, if it survives Apple’s appeals, hurt the company’s chances of collecting even the original amount of damages, much less an increased amount.

Apple was unsuccessful in establishing that the demand for Samsung’s products was driven by stolen technology. Though a jury determined back in August that six of Apple’s patents had been infringed by Samsung, the judge ruled on Monday that it wouldn’t serve the public interest for the Samsung devices to be banned because the elements infringed represented a small part of the Samsung phones ‘ appeal.

At the August trial noted above, the jury said that a payment of $1.05 billion should be made by Samsung to Apple. Apple has requested that these damages to be increased by $536 million, while Samsung believes that there should be a reduction of more than $600 million. A ruling is still to be issued by the U.S. District Judge, Lucy H. Koh.

But in addition to the judge’s decision not to stop the sales of the Samsung products in question, the United States Patent and Trademark Office just struck down one of the Apple’s most important patents – the so-called “pinch to zoom” patent. This one of the six patents that the jury determined were infringed upon by Samsung and the second of the six that the patent office has concluded, on re-examination, should not have been granted. If the patent office decisions survive Apple’s appeals, Samsung could be granted its request for a retrial. Another possibility is that the original $1 billion in damages could be substantially reduced in lieu of a new trial.

In a related story Samsung, under anti-trust pressure in Europe, said it will stop efforts to block sales of certain Apple products there even though it claims Apple is infringing upon some of its patents.

Shares of AAPL were down by 1.42% Wednesday to close at $526.31.

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