Apple is trying to show Judge Lucy Koh the error of her ways.
On March 1, Kohand called for yet another trial to recalculate the damages.
But now Apple is crying foul, saying that the judge made a mistake in reducing at least part of the damages that Samung was ordered to pay following last year's patent infringement trial.
In challenging the judge's action, Apple says that two Samsung smartphones -- the Galaxy S II from AT&T and the Infuse 4G -- were sold within the allowed period for design patent infringement. That contradicts Judge Koh's findings, says Foss Patents' Florian Mueller.
As such, the number of products to be included in the damages award should increase to 16 from 14, according to Apple. That would then raise the affirmed damages to $685 million from $600 million, which represents almost two-thirds of the full $1.05 billion. In its own filing, Apple has asked the court to reconsider its March 1 ruling on the two products in question:
Apple respectfully requests that the Court grant Apple leave to file a motion for reconsideration and that the Court reconsider its March 1 Order as to these two products, reinstate the jury award of $40,494,356 for the Galaxy S II AT&T, and $44,792,974 for the Infuse 4G and calculate supplemental damages for the Galaxy S II AT&T.
Even if the court agrees with Apple's argument, it must also grant Samsung's request for a partial final judgment in order for Apple to file its motion, Mueller explained.
"I believe Apple would want Judge Koh to correct this error in any event, but it raises this issue now to pre-empt the partial final judgment requested by Samsung," Mueller added.
The patent infringement trial between Apple and Samsung ended last August after the jury awarded Apple the $1.05 billion in damages. But the case itself goes merrily on as the two companies continue to battle over the final amount in damages.
Apple Motion to Reconsider via Scribd: