Apple Calls for Samsung to Make ‘Design-Arounds’

SAN JOSE, Calif. (CN) - Despite a tepid jury verdict and a paltry $119.6 million award, Apple has asked a federal judge to bar Samsung from using features that infringe three of its patents.

An eight-person jury found earlier this month that all of Samsung's latest gadgets infringed Apple's "quick links" patent, and that some products violated "slide-to-lock" patent. U.S. District Judge Lucy Koh had previously decided that Samsung copied an Apple patent for how the auto-correct function displays, and the jury awarded less than $120 million for the three infringements.

Additionally, the jury awarded $158,400 to Samsung for Apple's copying of photo-and video-organization technology.

Apple noted in a motion filed over the Memorial Day weekend that this finding covers "tens of millions of" infringements, which it emphasized were done "willfully."

"The court should bring Samsung's pervasive and harmful infringement to an end by entering an injunction that narrowly enjoins Samsung from further use of the specific features found to infringe the three patents," according to the motion from Wilmer Cutler attorney William Lee.

Instead of seeking a ban on whole Samsung product lines, however, Apple urged "a sunset period that grants Samsung the full amount of time that it said it needs to implement design-arounds."

Samsung has sold more than 35 million items with the infringing features. Those sales have led to lost market share and a loss of downstream sales that support a sales ban, Apple said.

"No amount of money can make Apple whole in light of Samsung's infringement," Lee wrote. "For example, money damages cannot fully restore the harm caused to Apple's reputation as an innovator, especially if Apple must continue competing against Samsung products that use Apple's own patented inventions."

Apple's demand all but erased hopes that the company would agree to end its worldwide tech-patent war with South Korea-based Samsung as it has with Google, whose Android operating system powers most Samsung products.

On May 16, Apple and Google agreed to drop all current patent lawsuits between them and pledged to work toward patent reform - although the joint statement mentioned nothing about cross-licensing the other's technology.

A hearing on the Apple-Samsung injunction is set for July 10.

Subscribe to Closing Arguments

Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.

Email *

Submit