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Samsung tries to fend off zombie phones in Apple verdict fallout

Apple's injunction effort could ban sales of numerous Samsung smartphones, including ones Samsung says it's already killed off. Those zombie phones could also still cost Samsung a bundle in damages.

Josh Lowensohn Former Senior Writer
Josh Lowensohn joined CNET in 2006 and now covers Apple. Before that, Josh wrote about everything from new Web start-ups, to remote-controlled robots that watch your house. Prior to joining CNET, Josh covered breaking video game news, as well as reviewing game software. His current console favorite is the Xbox 360.
Josh Lowensohn
2 min read
Josh Lowensohn/CNET

SAN JOSE, Calif. -- Can phones come back from the dead to nibble at your bottom line? If you're Samsung, that's become a very real threat.

The company faces both an injunction on some devices found to infringe on Apple's patents as part of a jury verdict here in August, as well as adjustments to damages on devices it has long since put to pasture.

"They're seeking an injunction on all 29 products, even though Samsung only sells three products," Samsung's attorney argued.

Those three products consist of about 77,000 units of the Galaxy S2, a product that has since been replaced by newer models -- notably the Galaxy S3 -- but that continues to sell in a handful of variations. If Apple is awarded an injunction, Samsung might be forced to remove those phones from store shelves.

However the bigger threat are are damages attached to the other phones -- the ones that are no longer for sale. Both companies today argued that tally should be adjusted based both on how the jury did its math, as well as when damages and royalties should have started being calculated. In Samsung's case, the company offered that rejiggering the math on this might considerably reduce the jury's $1.05 billion damages tally.

The hearing comes some three and a half months since the verdict, which landed almost entirely in Apple's favor. The two companies have since filed more than 250 items of paperwork, including an effort from Samsung to get a retrial, citing what the company believed was misconduct by the jury foreman.

Since the August verdict, the two companies have continued to escalate a separate lawsuit against one another, set to go to trial in 2014. That spat includes more recent devices on both sides, including Apple's iPhone 5 and iPad Mini, and Samsung's Galaxy S3 and S3 Mini.

Complete coverage: Apple v. Samsung, a battle over billions