Apple is looking to force a jury’s recent decision to sales ban on some older models of the South Korean company’s smartphones found in breach of three patents. The request for a retrial include the ‘647 data detectors, the ‘721 patent for “slide-to-unlock” functionality and the ‘172 patent for text prediction.
Apple lodged the motion in two separate court filings on Friday.
Apple identified nine devices it wants barred in a filing on Friday with US District Judge Lucy Koh in San Jose, California. The devices include the Admire, Galaxy Nexus, Galaxy Note, Galaxy Note 2, Galaxy S II, Galaxy S II Epic 4G Touch, Galaxy S II Skyrocket, Galaxy S III, and Stratosphere, according to the court filing.
It is a known fact that all the mentioned smartphones were a big success. In fact Galaxy S2 played a big role in establishing Samsung’s market in the Cell Phone’s market.
Samsung’s latest smartphones, the Galaxy S4 and S5 were not involved.
The Cupertino-based company is planning to get that final number modified to a value closer to the $2.191 billion it originally requested.
The 54 page filing states that, “Samsung’s improper and prejudicial statements to the jury warrant a new trial on infringement for the ‘414 and ‘959 patents (in the event that the Court does not grant JMOL of infringement), a new trial on willfulness for all patents other than the ‘721 patent (and also other than the ‘647 patent if the Court grants JMOL of willfulness for that patent), and a new trial on damages for all five of Apple’s asserted patents.”
Samsung’s share of global smartphone shipments in the first quarter of this year fell to about 31 percent from 32 percent a year earlier, according to Strategy Analytics wherein Apple’s share fell to about 15 percent from almost 18 percent.
Samsung also filed its own JMOL on Friday and, while the documents are sealed, which according to FOSS Patents’ Florian Mueller is the company’s move to reverse some or all of the jury’s findings.