Apple Inc. (NASDAQ:AAPL) is certainly acting like its not satisfied with its $1.05 billion patent-infringement award from its landmark U.S. trial against Samsung Electronics Co. Ltd., and is apparently ready to put U.S. District Judge Lucy Koh on the spot to decide between two extremes - either accept the jury decision and tack on additional damages requested by Apple, or take Samsung's motion and throw out the jury verdict due to jury misconduct and start all over.
As we reported here yesterday, Apple Inc. (NASDAQ:AAPL) and Judge Koh were inundated with a number of documents filed by Samsung Monday that not only challenges the damage award, but makes claims of jury misconduct and is seeking to get the entire trial thrown out and to start over. In papers filed by Apple lawyers, not only does Apple seek the $1 billion already awarded, but counsel has laid out a case for another $707 million in damages, with more than $530 million specifically addressing design and utility patents that the jury determined Samsung infringed.
In its filing, Apple Inc. (NASDAQ:AAPL) counsel wrote that this additional award should be considered "a rational and fair effort to address Samsung's willful misconduct that has and will impose lasting harm on Apple."
On the other side, Samsung Electronics Co. Ltd. filed motions asking for the award to be thrown out because of evidence that members of the jury acted inappropriately and didn't follow Judge Koh's instructions to consider only the evidence in the trial, claiming that jurors considered outside information or their own "expertise" about patent law in order to make their decision.
Samsung also claims that Apple Inc. (NASDAQ:AAPL) was given patent protection on its design that was too generic, with its lawyers writing, "It is unfortunate that patent law can be manipulated to give one company a monopoly over rectangles with rounded corners, or technology that is being improved every day by Samsung and other companies."
This drama will likely continue, as it will be hard to imagine that Judge Koh will dismiss both motions - she may likely consider Apple Inc. (NASDAQ:AAPL) and award more damages, or she will give credence to Samsung's motions and throw out the decision altogether. This will likely stil be something to be watched by investors in Apple stock, including hedge-fund manager Chase Coleman of Tiger Global Management LLC.