Apple Asks for $2.5 Billion in California Battle with Samsung

The damages figures for Apple v. Samsung are in.

 

In the suit headed to trial Monday, Apple will ask for $2.5 billion over claims that Samsung copied features of the iPad and iPhone in some of its Galaxy line of products.

 

Apple's lawyers at Morrison & Foerster revealed the figure in a trial brief filed just after midnight Tuesday.

 

"Apple conservatively estimates that as of March 31, 2012, Samsung has been unjustly enriched by about [REDACTED] and has additionally cost Apple about $500 million in lost profits," MoFo's Michael Jacobs wrote in the filing. "Apple also conservatively estimates that it is entitled to over $25 million in reasonable royalty damages on the proportionately small set of remaining sales for which it cannot obtain an award of Samsung¹s profits or Apple¹s own lost profits, for a combined total of $2.525 billion."

 

Before signing off, Jacobs writes: "Apple looks forward to a trial that will vindicate its intellectual property rights. Samsung must play by the rules. It must invent its own stuff. Its flagrant copying and massive infringement must stop."

 

Minutes later, Samsung's lawyers at Quinn Emanuel Urquhart & Sullivan fired off its trial brief, saying "Apple's overreaching claim for damages is a natural extension of its attempt to monopolize the marketplace."

 

"It demands the entirety of Samsung's revenues on the accused phones and tablets for the alleged infringement of a design patent that shows little more than a blank rectangle with rounded corners," a brief signed by Quinn partner Victoria Maroulis says.

 

And the deluge of filings continues  ...

Problems with The Intoxilyzer 8000

 Charged with DUI or OVI in Cincinnati, Ohio? 

Did you take a test on the new Intoxilyzer 8000?  

 

The Intoxilyzer 8000 has been in service in Ohio since 2009.  It has come under some heavy fire from defense lawyers across Ohio. OVI and DUI lawyers in Cincinnati, Ohio are winning cases against the Intoxilyzer 8000 for the following reasons:

 

• It can take as many as 20 tries to get a valid result.
• The Intoxilyzer 8000 is not in compliance with the Ohio Dept. of Health (ODH) Regulations.
• The state is unable to prove the Intoxilyzer 8000 is a reliable machine.
• The state is unable to obtain the testimony of necessary witnesses from ODH, like the person that calibrated the machine or placed it into service.
• The state’s expert from ODH was not tested as required by Ohio Administrative Regulations before being issued a valid operator access card to use the Intoxilyzer 8000, but was in fact “given” a card by the director of ODH.
• The ODH does not have the source code and does not know the patent number of the Intoxilyzer 8000.  The source code from the manufacturer would allow third parties to test the reliability of the software program that calculates the blood alcohol content from a breath sample.
• The ODH does not know who decided to purchase the Intoxilyzer 8000 and does not know who was on the governor’s committee that reviewed the Intoxilyzer 8000, or what that committee’s recommendation was to the Director of ODH as to the Intoxilyzer 8000.
• The ODH has told courts that the records are maintained on the website, but some records have gone missing, were never available, and in fact the disclaimer on the website says that they make no guarantee of the accuracy of  The ODH has not been able to testify as to why it believes the Intoxilyzer 8000 is a reliable machine for testing breath in OVI cases.
• One judge went so far as to say in his opinion that he has heard no evidence from ODH to lead him to believe that the machine is accurate and reliable.
• In many cases the court suppressed the evidence from the Intoxilyzer 8000 machine.

If you have been charge with DUI or have any issue with driving under the influence in Cincinnati or Northern Kentucky, call me,  Christopher L. Jackson, Attorney at Law, at (859) 261-1111.

St. Louis Suburb Ordered to Pay $3.1M to Police Chase Victims

A verdict from a St. Louis County jury "sends a message" to the village of Uplands Park that its police officers owe it to innocent motorists not to take their safety for granted during a police chase, according to the attorney representing the plaintiffs in the lawsuit.

 

Uplands Park was ordered by the jury in a personal injury trial to pay a total of $3.1 million to the family of a woman who was killed in a car accident during a high-speed police chase. The collision took the woman's life and injured her children and two other relatives. During trial, the plaintiffs contended that the volunteer police officers who initiated the chase caused the accident by failing to call it off soon enough.

 

The fatal incident took place on Dec. 3, 2009. The victim, 34, was driving to a relative's home to help hang Christmas decorations along with her daughter, 12, and son, 7. Also in the car were the victim's sister and her 5-year-old grandson.

 

Meanwhile, a pair of volunteer police officers spotted a car allegedly speeding and began pursing it. The officers said the suspect, then 16, was going 46 miles per hour and sped up as they pursued. They admitted picking up speed to try and chase him down. A witness estimated the vehicles passed her at nearly 80 mph shortly before the collision.

The suspect's vehicle crashed into the victim's car, fatally injuring the woman and severely injuring her sister, son and grandnephew. The suspect said that the accident was caused when the police car bumped him into the victim's car, though the officers denied that. They contended that they ended the pursuit and were far behind when the crash occurred.

 

However, the jury found on June 7 that the officers were at least partly liable for the death and injuries. Jurors awarded damages to each person in the car and for compensation for the 34-year-old's death. The verdict totals about $3.1 million, though that may come down due to a Missouri law capping damages for personal injury verdicts against municipalities.

 

The plaintiffs' attorney said the size of the verdict "sends a message" to Uplands Park and others who use volunteer police forces. The driver of the squad car lacked police certification and has been charged with holding a police commission without a license.

Source: St. Louis Post-Dispatch, "St. Louis jury awards $3.1 million for police chase that ended in fatal crash," Jennifer Mann, June 8, 2012

If you or a loved one have been involved and/or injured in a car accident in Cincinnati or Northern Kentucky, call me,  Christopher L. Jackson, Attorney at Law, at (859) 261-1111.