Apple May Seek Triple the Amount of Damage Payments Samsung Has Been Ordered to Pay

By Christopher Witrak  SEP 19, 2012 12:45 PM

Samsung will appeal if Apple is successful.


MINYANVILLE ORIGINAL The Korea Times reported today that multiple legal sources said that Apple’s (NASDAQ: AAPL) legal representatives will ask US Federal Judge Lucy H. Koh to triple the $1.05 billion in damages Samsung (PINK: SSNLF) has been ordered to pay for infringing on Apple’s patents.

The nine jurors in the original case decided on August 24 that Samsung “willfully” copied the iPhone and the iPad and infringed on five out of the six patents in question. The “willful infringement” verdict allows Apple to seek triple the damages awarded. The legal source said, “By using that condition, Apple has decided to request the judge to order Samsung to pay more than $3 billion in the hearing on the San Jose verdict on Sept. 21 in California.”  

Another legal source, who wasn’t authorized to officially speak, told The Korea Times that Apple lawyers ultimately want Samsung to pull its Galaxy line of smartphones and tablets from the US market.

If Apple does choose to press for $3 billion in damages, it would be the largest payment ever awarded in a technology patent dispute. This amount equals approximately 14% of Samsung’s total cash.

Apple Korea spokesperson Steve Park and a Samsung spokeswoman declined to speak to The Korea Times due to the sensitivity of the issue.

When both companies meet in court on Friday, top Samsung lawyer John Quinn will ask Judge Koh to throw out the jury’s decision, and Samsung will appeal if she upholds the jury’s decision.

A federal court is currently hearing an appeal from Samsung to remove the injunction against the sale of the Galaxy 10.1 tablet in the United States. Judge Koh rejected an earlier appeal from Samsung on Monday, September 17 to have the ban on the Galaxy 10.1 tablet removed, citing that the court did not have jurisdiction to entertain the appeal. Since the case is already in appeals, she could not dissolve the injunction. Judge Koh granted Apple a preliminary injunction on June 26 of this year, but the Wall Street Journal reported that the injunction will not have a large or adverse effect on Samsung.

The South Korea-based company can still sell tablets other than the Galaxy 10.1 in the US, and Samsung doesn’t generate much revenue from smartphone sales in the US. Furthermore, despite the verdict of the jury in the August 24 decision, Samsung can still sell smartphones in the United States.

Twitter: @ChrisWitrak
No positions in stocks mentioned.