By Kim Yoo-chul
Apple’s legal representatives will ask U.S. Federal Judge Lucy H. Koh to triple the damages Samsung has been ordered to pay after losing a patent case to $3 billion in the Sept. 21 judgment as a matter of law (JMOL) hearing in California.
This is the biggest ever damage payment sought in a technology patent dispute, multiple legal sources told The Korea Times, Wednesday.
Nine U.S. jurors handed Apple a sweeping legal victory in its patent war with Samsung, ordering the Korean firm to pay $1.05 billion in damages for ``willfully’’ copying the iPhone and iPad.
The finding of what legal officials say is ``willful infringement’’ enables Apple to seek triple the damages awarded.
``By using that condition, Apple has decided to request the judge to order Samsung to pay more than $3 billion in the hearing on the San Jose verdict on Sept. 21 in California,’’ one senior legal executive, who asked to be quoted as a ``reliable source.’’
``The decision means Apple want to quickly address the harm that Samsung’s infringing products are said to be causing. As has been the case throughout this trial, Apple is pressing its full advantage over the jurors’ decision,’’ said the source.
Apple Korea spokesman Steve Park declined to comment. A Samsung spokeswoman also declined to talk about Apple’s updated legal strategy citing the sensitivity of the issue.
``Apple lawyers still believe Samsung should pull its popular Galaxy line of devices including smartphones and tablets from the United States and leave the market to proprietary handsets from Apple and Microsoft,’’ said another legal source, who didn’t want to be named as he wasn’t authorized to officially speak to the media.
Apple’s updated legal plan comes after Koh issued an order Monday denying Samsung’s motion to halt the June 26 preliminary injunction banning U.S. sales of its popular Galaxy Tab 10.1
Top Samsung lawyer John Quinn has reportedly said that the company will be asking Koh to toss the jury findings out. If she doesn’t, the lawyer said he will appeal.
Samsung earlier confirmed that it will move immediately to file post-verdict motions to overturn the controversial verdict.
Apple’s request is expected to further the controversy as, if accepted by the judge, is seen as the firm flexing its muscles toward other Google Android communities that include LG Electronics and Taiwan’s HTC, said legal officials.