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Sunday, December 9, 2012

Samsung willing to negotiate, Apple not interested


A judge mulling whether to trim or overturn Apple's billion-dollar damages award against Samsung on Thursday called for a ceasefire in the ongoing patent war between the smartphone titans.

"I think it's time for global peace," US District Court Judge Lucy Koh said after legal teams from Apple and Samsung dueled for hours over post-verdict motions in her courtroom in the Silicon Valley city of San Jose.

"Let me hear if there is anything the court can do," she continued. "It would be good for consumers; good for the industry and good for the parties."

Samsung attorney Charles Verhoeven responded to the challenge by saying the South Korean consumer electronics firm was willing to negotiate a settlement with Apple but "the ball is in their court."

Apple attorney Harold McElhinny expressed no interest in working out a settlement, opting instead to urge Koh to back legal "remedies" daunting enough to dissuade a powerhouse like Samsung from ever copying an Apple gadget.

"It is the power of this court to establish a line and enforce it," McElhinny argued. "If you didn't see the same case that the jury saw, I am not sure how we get to resolution."

Verhoeven told Koh that Apple was engaging in "thermo-nuclear war" and choosing the court instead of the market as the battle ground.

Koh massaged her temples at times as she grilled rival attorneys for more than four hours regarding nuances of law and evidence underlying the slew of motions filed after the $1.049 billion jury verdict three months earlier.

At times, she challenged Apple to convince her why the damages award for patent infringement wasn't excessive.

How legal and sound the jury's calculations were, and whether the massive award should be reduced or even whether a new trial should be held just to recalculate damages, were among the matters tackled by Koh.

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