Samsung Electronics filed for a retrial against the US court’s November ruling that it pay an additional US$290 million to Apple.
German patent blog FOSS Patents reported on December 17 (local time) that Samsung Electronics applied for a Judgment as a Matter of Law (JMOL), retrial, and remittitur against the verdict. The JMOL is a process in which the judge makes his or her own decision without taking the verdict of a jury into account.
“Apple failed to prove its losses associated with the 915 Patent, but the jury calculated the damages based on it,” said a Samsung Electronics representative in its application, adding, “As such, the damages should be assumed at US$52.7 million, not the US$379.78 million Apple presented during the trial.”
In response, Apple also applied for JMOL against the verdict while requesting a permanent ban on the sale of Samsung Electronics’ products.
On November 21, the jury delivered a verdict that Samsung pay US$290 million to Apple during the trial for the recalculation of damages.