Sunday, 23 September 2012 09:13

Apple wants more from Samsung Featured

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Not happy with its US$1.05 billion patent settlement with Samsung, Apple wants more. Late Friday it filed for an extra $700 million in “wilfulness enhancements, supplemental damages and conditional damages”.

The amounts are requested because of what Apple says are further damages since 30 June, which was the limit of the damages awarded in the previous case, and because of Samsung’s subsequent conduct.

“The harm to Apple was deliberate, not accidental,” Apple said in court papers filed in the US District Court in San Jose, California. Apple said Samsung “wilfully diluted its trade dress, taking billions in sales in the fast-growing US smartphone market at a key moment in the transition between feature phones and smartphones.”

The action comes as a court in Mannheim in Germany ruled in favour of Samsung, dismissing Apple’s claim that Samsung infringed its touchscreen patents. That ruling follows similar wins for Apple in South Korea, the United Kingdom and the Netherlands.

Clearly, the litigation will drag on for months, or even years. Apple still has many cases outstanding in courts around the world. Meanwhile, Apple is itself not immune from accusations of copying. The new iOS 6 clock appears to be a direct copy of the iconic minimalist design used on the Swiss Railways. Railway operator SBB has said it is considering challenging Apple’s design.

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Graeme Philipson

Graeme Philipson is senior associate editor at iTWire. He is one of Australia’s longest serving and most experienced IT journalists. He is author of the only definitive history of the Australian IT industry, ‘A Vision Splendid: The History of Australian Computing.’

He has been in the high tech industry for more than 30 years, most of that time as a market researcher, analyst and journalist. He was founding editor of MIS magazine, and is a former editor of Computerworld Australia. He was a research director for Gartner Asia Pacific and research manager for the Yankee Group Australia. He was a long time weekly IT columnist in The Age and The Sydney Morning Herald, and is a recipient of the Kester Award for lifetime achievement in IT journalism.

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