Koh on June 26 banned the Galaxy Tab 10.1 from the U.S. market after finding it likely violated a "design patent." Samsung is now asking for that ban to be lifted after the jury found that the computer tablet did not infringe that particular patent but did infringe three Apple software patents that cover the popular "bounce-back" and pinch-to-zoom features.
Koh has scheduled a Sept. 20 hearing to discuss Apple's demands for the sales bans. She asked Apple on Friday to submit the list of products it wants removed from U.S. stores after Samsung complained it had too little time to prepare for the scheduled hearing.
Koh is deciding whether to reschedule the hearing to give Samsung more time to prepare. The South Korean company plans to ask her to toss out the jury's verdict as unsupported by the evidence. Failing that, Samsung says, it will appeal the verdict to higher courts, including the U.S. Supreme Court.
In addition to the sales bans, Apple also plans to ask Koh to triple the damages to $3.15 billion because of the jury's finding that Samsung "willfully" copied Apple.
Apple filed its lawsuit in April of last year, alleging that 28 Samsung smartphones and computer tablets had "slavishly copied" the iPhones and iPads. Samsung countered with its own claims that Apple used its wireless technology without proper compensation.
A nine-member jury in its verdict Friday unanimously agreed with Apple. Most of the damages were tied to Samsung's smartphones. It rejected Samsung's counterclaims.
Most of the Samsung products found to have infringed Apple's patent were older devices no longer being sold. The list Apple presented to the court on Monday represent devices it says it believes are still being sold in U.S. stores, including several versions of the company's popular S2 phones introduced last year. Samsung's newest and hottest-selling smartphone, the Galaxy S3, was not part of the lawsuit and is unaffected by the jury's verdict.
The award represents about 1.5 percent of Samsung's annual revenue. Analysts said the embarrassment of the verdict was a bigger blow for Samsung than the financial setback.
The question remains whether Samsung and other Apple competitors will have to redesign their smartphones to avoid infringing Apple's patents. Most analysts agree the verdict sends a threatening message to device makers such as Samsung that use Google's Android operating system.
Apple asked a judge to ban U.S. sales of eight Samsung products:
Galaxy S 4G
Galaxy S2 AT&T
Galaxy S2 T-Mobile
Galaxy S2 Epic 4G
Galaxy S Showcase
SOURCE: Associated Press