On September 23, Apple has asked a US court to issue an injunction to permanently ban Samsung from selling infringing products in the US market. At the same time, Apple also filed another claim, based on the court's decision last month that Samsung had to pay more than $1 billion in damages to Apple, asking the court to rule that Samsung would pay an additional $707 million in damages to Apple.
Earlier, the hospital had ruled that Samsung infringed on six technology patents Apple used on the iPhone and iPad, and asked Samsung to pay $1 billion. Why did Apple, which has won the victory, still have to fight against Samsung? Relevant experts said that only the compensation is not worth much to Apple. Apple is most concerned about the ban. In the last lawsuit, this request did not make Apple wish. This is the main reason why Apple filed a lawsuit again with the court.
The patent war between Apple and Samsung has been in existence for more than a year. As early as April 2011, Apple began to file an infringement lawsuit against Samsung Electronics. Apple accused Samsung of “stealing†some of the iPad and iPad2 designs, claiming $2.5 billion from Samsung and demanding that it stop selling its tablet products. Samsung denied Apple’s allegations and countered that Apple was the infringer. At present, "war" has spread to many countries around the world.
At the end of August this year, in the patent infringement lawsuit in the San Jose District Court in California, Apple won the Samsung, the jury decided that Samsung infringed on Apple's multiple patents, should pay Apple $1.05 billion. However, Apple and Samsung are not satisfied with the outcome of this judgment.
Apple continued to submit new documents to the San Jose District Court in California on Friday, asking Samsung to pay an additional $707 million in damages. Including payment of $400 million in infringement of design property rights, $135 million in infringement of utility patents, $121 million in compensation based on sales of Samsung products not covered by the jury, and advance payment of 5000 before the judgment on December 31 Tens of thousands of dollars in interest losses, all damages totaled $707 million.
In addition to asking for additional funds, Apple also asked the court to issue an injunction to make Samsung's infringing products never sell. Apple pointed out in the lawsuit that it hopes that the court's ban includes "any infringing product or any other product that has similar functions to the infringing product is prohibited from selling". The ban on sales may not only be the products involved, but also all Samsung phones and tablets with the same features.
On September 22, Samsung also submitted a new document to the court, hoping that the court would modify or overturn the jury's August 24 judgment. Samsung believes that in the previous ruling, the court's restrictions on the time, eyewitnesses and evidence display were unfair. Samsung also said it will add the iPhone 5 to its current patent litigation in the United States.
For the request of both, San Jose District Judge Gao Lanhui plans to hold a hearing on December 6 to discuss the issues raised by the two companies. Samsung said that if Gao Lanhui refused the company's request, it would appeal.
"Although Samsung lost the case, but Apple's intentions have not been realized, only the compensation is not worth much to Apple, Apple filed a lawsuit again to achieve the purpose of the ban," Internet expert Tang Xin said.
Zhang Malin, a lawyer at Southeast University Law School, also told reporters that Apple’s current practice does not violate the legal procedures. As long as Apple can produce evidence that its original claim is insufficient to cover its original losses, Apple has the right to continue to claim. .
However, Tang Xin believes that it is difficult for Apple to persuade the court to reopen the trial because the same thing can not be litigated twice. The last time it was a final judgment, unless it can provide new evidence that it is two lawsuits. "In the short term, the patent war between the two companies should come to an end. In the long run, the patent war will continue."
A very obvious sign is that the patent war has become an important means for Apple to contain competitors. When HTC (microblogging) won the first quarter of the US smartphone market, Apple launched a patent war against HTC, and also threw a lock-up order to apply for this "big flag." When Samsung began to sell in the United States, Samsung became the focus of Apple's attack, and he did not hesitate to pursue it in the United States.
According to IDC statistics, in the first quarter of this year, Samsung surpassed Apple in terms of 29% of global smartphone shipments, becoming the world's largest mobile phone maker, and Apple relegated to the second place with a 23% share. According to market research firm Juniper Research, Samsung’s smartphone shipments were 52 million units in the second quarter of this year, while Apple’s iPhone shipments were only 26 million units, and Samsung’s new flagship Galaxy SIII, which competes directly with the iPhone5. In addition, it has achieved sales of over 10 million units in just two months.
Tang Xin believes that the main purpose of the patent case is to delay the opponent's footsteps, which may have a great impact on weaker opponents. "Samsung is Apple's biggest competitor, so it has also become the biggest target of Apple's patent strategy."
Earlier, the hospital had ruled that Samsung infringed on six technology patents Apple used on the iPhone and iPad, and asked Samsung to pay $1 billion. Why did Apple, which has won the victory, still have to fight against Samsung? Relevant experts said that only the compensation is not worth much to Apple. Apple is most concerned about the ban. In the last lawsuit, this request did not make Apple wish. This is the main reason why Apple filed a lawsuit again with the court.
The patent war between Apple and Samsung has been in existence for more than a year. As early as April 2011, Apple began to file an infringement lawsuit against Samsung Electronics. Apple accused Samsung of “stealing†some of the iPad and iPad2 designs, claiming $2.5 billion from Samsung and demanding that it stop selling its tablet products. Samsung denied Apple’s allegations and countered that Apple was the infringer. At present, "war" has spread to many countries around the world.
At the end of August this year, in the patent infringement lawsuit in the San Jose District Court in California, Apple won the Samsung, the jury decided that Samsung infringed on Apple's multiple patents, should pay Apple $1.05 billion. However, Apple and Samsung are not satisfied with the outcome of this judgment.
Apple continued to submit new documents to the San Jose District Court in California on Friday, asking Samsung to pay an additional $707 million in damages. Including payment of $400 million in infringement of design property rights, $135 million in infringement of utility patents, $121 million in compensation based on sales of Samsung products not covered by the jury, and advance payment of 5000 before the judgment on December 31 Tens of thousands of dollars in interest losses, all damages totaled $707 million.
In addition to asking for additional funds, Apple also asked the court to issue an injunction to make Samsung's infringing products never sell. Apple pointed out in the lawsuit that it hopes that the court's ban includes "any infringing product or any other product that has similar functions to the infringing product is prohibited from selling". The ban on sales may not only be the products involved, but also all Samsung phones and tablets with the same features.
On September 22, Samsung also submitted a new document to the court, hoping that the court would modify or overturn the jury's August 24 judgment. Samsung believes that in the previous ruling, the court's restrictions on the time, eyewitnesses and evidence display were unfair. Samsung also said it will add the iPhone 5 to its current patent litigation in the United States.
For the request of both, San Jose District Judge Gao Lanhui plans to hold a hearing on December 6 to discuss the issues raised by the two companies. Samsung said that if Gao Lanhui refused the company's request, it would appeal.
"Although Samsung lost the case, but Apple's intentions have not been realized, only the compensation is not worth much to Apple, Apple filed a lawsuit again to achieve the purpose of the ban," Internet expert Tang Xin said.
Zhang Malin, a lawyer at Southeast University Law School, also told reporters that Apple’s current practice does not violate the legal procedures. As long as Apple can produce evidence that its original claim is insufficient to cover its original losses, Apple has the right to continue to claim. .
However, Tang Xin believes that it is difficult for Apple to persuade the court to reopen the trial because the same thing can not be litigated twice. The last time it was a final judgment, unless it can provide new evidence that it is two lawsuits. "In the short term, the patent war between the two companies should come to an end. In the long run, the patent war will continue."
A very obvious sign is that the patent war has become an important means for Apple to contain competitors. When HTC (microblogging) won the first quarter of the US smartphone market, Apple launched a patent war against HTC, and also threw a lock-up order to apply for this "big flag." When Samsung began to sell in the United States, Samsung became the focus of Apple's attack, and he did not hesitate to pursue it in the United States.
According to IDC statistics, in the first quarter of this year, Samsung surpassed Apple in terms of 29% of global smartphone shipments, becoming the world's largest mobile phone maker, and Apple relegated to the second place with a 23% share. According to market research firm Juniper Research, Samsung’s smartphone shipments were 52 million units in the second quarter of this year, while Apple’s iPhone shipments were only 26 million units, and Samsung’s new flagship Galaxy SIII, which competes directly with the iPhone5. In addition, it has achieved sales of over 10 million units in just two months.
Tang Xin believes that the main purpose of the patent case is to delay the opponent's footsteps, which may have a great impact on weaker opponents. "Samsung is Apple's biggest competitor, so it has also become the biggest target of Apple's patent strategy."
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