Long-time archrivals Apple and Samsung aren't going to patch things up anytime soon, despite latest reports that the two smartphone makers are willing to participate in peace talks.
Apple is apparently unhappy over last month's court verdict that ordered Samsung to pay a diminutive portion of the $2.2 billion sought in damages for infringing upon three out of five Apple patents. This time, Apple wants a retrial and a ban on nine Samsung smartphones from the market.
Apple filed a motion for retrial in the U.S. District Court for the Northern District of California seeking the court for a retrial and reconsider the $119.6 million in damages it ordered Samsung to pay Apple.
"Samsung's improper and prejudicial statements to the jury warrant a new trial on infringement for the '414 and '959 patents (in the event that the Court does not grant JMOL of infringement), (...) and a new trial on damages for all five of Apple's asserted patents," says Apple in the public redaction version of its filing.
The iPhone maker also filed a motion for permanent injunction against Samsung smartphones that include the following features: slide-to-unlock, auto-correct prompts and quick links. Although Samsung's flagship Galaxy S5 and Galaxy S4 are not covered by the injunction, if the motion is granted, it would affect nine Samsung handsets currently available in the market, including the Galaxy S3, Galaxy S2, Galaxy S2 Epic 4G Touch, Galaxy S2 Skyrocket, Galaxy Note 2, Galaxy Note, Galaxy Nexus, Admire and Stratosphere.
"Apple will suffer irreparable harm if Samsung continues its use of the Infringing Features, that monetary damages cannot adequately compensate Apple for this resulting irreparable harm, and that the balance of equities and public interest favor entry of a permanent injunction," writes Apple in its proposed order granting injunction.
Intellectual property analyst Florian Mueller of FOSS Patents doubts that presiding judge Lucy Koh will grant Apple's motion for retrial and permanent injunction, considering Koh's past decision on another motion for injunction filed by Apple following the 2012 trial that ordered Samsung to pay around $900 million in damages for infringing the iPhone maker's patents. Following a series of appeals, the court further reduced the damages by about half the original amount. Apple's motion for a retrial will also most likely pass on to the court of appeals.
"Even if an injunction of some sort ultimately entered into force, Samsung would be able to work around the relevant patent claims and its products would be just as attractive to consumers as before," writes Mueller. Samsung has, in fact, been able to incorporate features involved in the Apple-Samsung trial into the Galaxy S3.
In its own statement, Samsung claimed that Apple's request to ban nine Samsung products from the market "would stifle fair competition and limit choice for American consumers."
