Apple is trying to prove to Judge Lucy Koh that her rulings are wrong. On March 1, Koh reduced the amount set in the original court judgment against Samsung from $1.05 billion to $450.5 million and requested a new trial to determine the correct amount of damages.
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Apple says the judge erred in reducing the damages Samsung had to pay for patent infringement in last year's trial, in at least one case .
Apple is challenging the judge's ruling, arguing that AT&T's Galaxy S II and Infuse 4G Samsung smartphones were sold during the period when design patent infringement was permissible. This contradicts Judge Koh's findings, says Florian Mueller of Foss Patents.
In this regard, Apple has decided that the number of products included in the compensation should be increased from 14 to 16. This will cause the confirmed damages to increase to $685 million from the previous $600 million. The confirmed damages represent almost two-thirds of the total amount of $1.05 billion.
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In its own filing, Apple asked the court to reconsider the March 1 ruling on the two products:
“Apple respectfully requests that the Court grant Apple a motion for reconsideration and that it reconsider the March 1 decision with respect to these two products. It also requests reinstatement of the $40,494,356 in compensatory damages for the Galaxy S II AT&T and $44,792,974 for the Infuse 4G, and additional damages for the Galaxy S II AT&T.“
Even if the court accepts Apple's objection, it will also have to comply with request for a partial final judgment so that Apple can file its application.
"I believe Apple would want Judge Koh to correct this error in any case," Mueller added.
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Last August, the trial between Apple and Samsung for patent infringement concluded, and the jury decided that Apple should pay damages of $1.05 billion.
