In a court motion filed late Friday, Apple requested a permanent sales ban on any Samsung products that are similar to the devices already found to be infringing upon its patents. Apple is also seeking damages that total $707 million from Samsung, on top of the over $1 billion settlement that the South Korean company was ordered to pay Apple based on the jury verdict in last month’s landmark trial between the two smartphone makers.
Apple sought a further $400 million damage award for design infringement by Samsung; $135 million for willful infringement of its utility patents; $121 million in supplemental damages based on Samsung’s product sales not covered in the jury’s deliberation; and $50 million of prejudgment interest on damages through December 31.
Apple and Samsung have been engaged in a head-to-head battle over smartphone supremacy, with each company promoting its iPhone and Galaxy S III devices respectively ahead of the holiday shopping season.
Samsung in particular has taken an aggressive approach to its Galaxy S III marketing campaign, with slogans such as “it doesn’t take a genius” and “the next big thing is already here” that are intended to trivialize the iPhone.
Samsung has filed with the U.S. court asking for a new trial to be held, noting that time constraints in the previous jury trial were unfair and did not allow for Samsung to adequately present its case in response to Apple’s claims. The South Korean handset maker added that it’s unfair that one company can be given a monopoly over rectangular devices with round corners.
“The Court’s constraints on trial time, witnesses and exhibits were unprecedented for a patent case of this complexity and magnitude, and prevented Samsung from presenting a full and fair case in response to Apple’s many claims,” Samsung said. “Samsung therefore respectfully requests that the Court grant a new trial enabling adequate time and even-handed treatment of the parties.”
Samsung has intentions of adding the iPhone 5 to its list of infringing devices for a future patent trial with Apple that is scheduled to take place in 2014, much like Apple added the Galaxy S III to its own list of Samsung devices it believes infringe upon its patents.
The effect of that trial, which won’t take place for roughly two years, is likely to be minimal because of the new smartphones that will have inevitably succeeded both the iPhone 5 and Galaxy S III by that time.
In the present time, Samsung dominated the second quarter by shipping 50 million smartphones over Apple’s 26 million iPhone units, although one could argue that the impending release of the iPhone 5 was hindering iPhone 4S sales.
Apple has already had tremendous success with its iPhone 5, receiving over two million pre-orders in the first 24 hours alone. Apple could announce launch weekend sales numbers for the iPhone 5 on Monday, like it did with announcing four million iPhone 4S sales over its debut weekend last October.