Apple, Samsung trial judge makes a plea for peace, but Apple isn't having any of it.

Eric Zeman, Contributor

December 7, 2012

3 Min Read

Apple One Year After Steve Jobs: Hits And Misses

Apple One Year After Steve Jobs: Hits And Misses


Apple One Year After Steve Jobs: Hits And Misses (click image for larger view and for slideshow)

Apple and Samsung fought another battle in their global patent war in a San Jose courtroom Thursday, where they wrangled over the jury's decision-making process and other minutiae of the case.

Samsung wants the jury's $1.05 billion guilty verdict to be negated entirely, and asked for a retrial. One of Samsung's key arguments revolves around jury foreman Velvin Hogan. Samsung claims Hogan lied about his past involvement with technology companies and litigation.

Meanwhile, Apple wants Samsung to cough up some money and stop selling the offending devices in the U.S.

U.S. District Court Judge Lucy Koh clearly wants the whole spectacle ended. After the two companies were done presenting their arguments, she said, "When is this case going to resolve? Are there additional data points you're waiting for? Is there an event?"

[ For more on the Apple Vs. Samsung case, see Apple Vs. Samsung Returns To Court. ]

According to the Financial Times, Koh's remarks brought out laughter from the courtroom.

"I'm not joking," she interjected. "I've said this all along. I think it's time for global peace.  If there is any way this court can facilitate some sort of resolution, I'd like to do that. I think it would be good for consumers and good for the industry."

Last month, a Samsung senior executive said the company would never settle with Apple. Even so, Samsung's counsel, Charles Verhoeven, indicated the company might be willing to talk, but said, "The ball's in their court."

No way, said Apple.

Harold McElhinny, Apple's lawyer, said the $1.05 billion fine levied by the court is "slap on the wrist" for Samsung, which willfully chose to copy Apple's products and designs. "Eventually it will come to the power of this court to establish a line, which the jury has done, and to enforce it. Both parties will be able to assess whether the American [legal] system that we hold true provides a remedy to change behaviors," said McElhinny.

Apple wants more than just money from Samsung. It appears as though the company wants the results of this trial to set the tone for its other patent skirmishes. Apple has had mixed results in dealing with Samsung in the courtrooms of the U.K., The Netherlands, Germany, and Australia. It has won injunctions in some countries, but was forced to apologize in others.

Judge Koh did not make any final decisions during Thursday's hearing. Instead, she'll publish a series of rulings on the individual matters over the coming weeks.

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About the Author(s)

Eric Zeman

Contributor

Eric is a freelance writer for InformationWeek specializing in mobile technologies.

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