Apple and Samsung met in Judge Lucy Koh’s California courtroom on Thursday, as the Apple v. Samsung post-trial proceedings got underway. Apple will be looking to collect additional damages, while Samsung will be seeking a reduction of damages and a possible retrial.
According to in-court coverage from The Verge and AllThingsD, Judge Koh had a busy day hearing arguments from Apple and Samsung regarding their respective proposed motions. Due to the sheer number of requests and the complexity of the case’s legal issues, the post-trial proceedings were quickly bogged.
Judge Koh has earlier said she would like to offer “one omnibus order on everything,” she later said that the decisions would be reached in installments. Most likely, not all judgements will be handed in by the end of December, as Judge Koh is also presiding over another patent trial.
Among the first topics discussed were Apple’s utility patents, with Apple looking for more damages, and Samsung trying to find possible ways to overturn the original verdict.
Damages were argued, as one important piece, the “notice date” was debated. This is the date when Apple first notified Samsung of possible patent infringement. This is crucial, as this affects the calculations used to reach a damages amount. Apple says it told Samsung about the possible violations as early as 2010, but didn’t mention an exact property.
Samsung proposed a new calculation, basing it on a modified notice date. That calculation would drop the jury’s initial finding of $800 million in damages over ten infringing products to $17 million. Another decision over five infringed patents would be reduced to $4.6 million from $381 million.
The issue of jury misconduct was also raised, as Samsung argued that jury foreman Velvin Hogan had acted improperly by not disclosing his involvement in a lawsuit and subsequent bankruptcy related to Seagate. The judge quickly dismissed any such action, as Apple had done its due diligence and informed Samsung as soon as it learned of the situation.
“I think that topic has been fully briefed,” Koh said.
Samsung attorney Kathleen Sullivan then spoke of Apple’s proposed injunction against Samsung’s products. She pointed out some products on the list, such as the Galaxy S II, remain with retailers, and Samsung would have to take a loss if the handsets were not allowed to be sold.
Samsung again tried to restate claims against jury foreman Hogan, however Koh did not appear amused by what they had to say.
“It’s time for global peace,” Judge Koh told the parties’ lawyers, according to CNet. “Is there anything the court can do? I’m more than willing to issue orders,” she continued. “It would be good for consumers, good for the industry, good for the parties.”
