A verdict may have finally been reached in the epic patent battle between Apple and Samsung, but according to industry experts the war is just getting started.
Following last week’s ruling in favor of Apple, is has come to light that both parties are looking to have certain areas of the verdict change. As such, a hearing has been scheduled for September 20th when Samsung and Apple will be granted to opportunity to air their gripes and request alterations.
Perhaps most significantly of all however, Apple is to use the hearing in order to plead its case for the immediate sales and distribution ban of at least eight Samsung devices found to have breached its patents. Should the motion be upheld, all eight could be withdrawn from sale across the country in an instant.
In what can only be described as almost the worst case scenario for Samsung, lawyers for the South Korean company will most likely follow standard protocol and argue that no reasonable jury would have made such a decision. Standard procedure as it may be, this is an argument that is usually dismissed without a second thought.
However, at least a few legal parties have stated that Samsung’s case isn’t dead in the water just yet, citing the jury’s returning of a verdict just three days after being issued with no less than 129 pages of instructions and forms to digest.
What’s more, initial errors in rulings have led some to suggest that there may be inconsistencies in the final outcome of the case – specifically with regard to compensation payments.
In addition, Jury foreman Velvin Hogan somewhat undermined the intention of the panel by stating that the jury “wanted to make sure the message we sent was not just a slap on the wrist.”
This strongly contravened the orders of the judge however, who demanded that the jury “keep in mind that the damages you award are meant to compensate the patent holder and not to punish an infringer.”
As a result, legal experts in growing numbers are suggesting that the ruling will not in fact be upheld.
Meanwhile, Apple is likely to voice several concerns regarding the final verdict of the trial. For example, during a preliminary hearing the trial’s judge stated that one of Samsung’s disputed tablets was “virtually indistinguishable” from Apple’s iPad, though the device was cleared by the jury as infringing on none of the company’s patents.
Of course, the most influential argument of all will be that of whether or not to uphold Apple’s request to see eight Samsung devices totaling millions of units banned from sale across the US. While most legal parties state that the ruling will indeed be upheld, they also point out the possibility of higher courts overruling the decision.
Samsung’s argument will rest on the impact the ban would have on the Smartphone and tablet market as a whole, most likely looking to persuade the court that to remove so many products would not be in the greater interest of the consumer public.