We already knew that Samsung would be filing post-verdict motions to overturn the jury’s guilty verdict, but it’s unclear as to exactly what path the company will take. Samsung’s official statement solidified its stance on fighting the issue, saying “this isn’t the final word in this case or in battles being waged in courts and tribunals around the world, some of which have already rejected many of Apple’s claims.” And, with $1.05 billion at stake, it makes sense for the South Korean-based electronics company to carefully prepare before it takes its next step.
It’s expected that Samsung’s appeal to Judge Lucy Koh will be centered around the argument that the jury’s verdict was either unreasonable or unsupported by the evidence in play. Very rarely do Judges grant these types of motions, but due to the amount of damages, Samsung feels it has a chance. However, if the company is unsuccessful, there may be a slew of other options.
“Apple’s arguments boiled down to an assertion that everyone who bought a Samsung device would have bought the equivalent product from Apple had the Samsung product not been on the market. But that reasoning ignores any brand loyalty customers might have had to Samsung, or they might be customers of carriers that at the time didn’t offer Apple products. I would say there are quite a few problems with the way Apple calculated damages.”
Potentially, the manufacturer could argue the method used by the jurors to determine financial penalties was inaccurate. It’s also possible that the jury’s verdict could lead both companies to discuss a possible settlement in which Samsung would pay a percentage of the $1.05 billion and agree to drop its appeal, as well as agree to remove some products from the US market. Another option is for the company to argue that designs similar to Apple’s iPhone and iPad existed before Apple even obtained specific patents on those products.
The worst part is that the jury found Samsung guilty of “willfully” infringing upon Apple’s IP, meaning Judge Koh could possibly “triple the damage award, and order Samsung to pay court costs and Apple’s attorneys fees.” Koh has another decision ahead of her as well, one that could mean an injunction on Samsung’s lineup of infringing products. With Apple already filing for a preliminary injunction, Koh will have to determine the effect of removing Samsung’s products from the consumer market. In the meantime, stay tuned for further developments.
Source: Wall Street Journal