An Apple iPhone 5 phone is displayed in the Apple Store on 5th Avenue in New York

Apple patent damages increase claim rejected

Apple's demand to increase the $1.05 billion damages Samsung was ordered to pay its fiercest smartphone rival has been rejected.

US District Judge Lucy Koh also rejected demands from both companies to conduct another trial on different issues over claims that the South Korean company unfairly used technology controlled by Apple to build its iPads and iPhones to market knock-off products, but she also upheld the validity of the Apple patents at the centre of the dispute.

A jury in August found that Samsung "infringed" six Apple patents to create and market 26 models of smartphones and computer tablets and ordered the 1.05 billion-dollar award. The jury found several other older Samsung products did not infringe any Apple patents.

Earlier, the judge refused to block sales of the infringing products in the United States after she said Apple failed to show consumer demand for the Samsung devices was driven by the purloined technology, including the "pinch-to-zoom" function. Apple is appealing against that decision.

Samsung contends that only three of the 26 older-generation products are still offered for sale in the United Sates.

Apple has filed a new lawsuit contending that Samsung's current products are also using Apple technology. Judge Koh scheduled a trial for that matter in 2014.

In a series of four orders early today, the judge painstakingly considered each side's myriad claims that the nine-member jury wrongly considered evidence and misread complex patent law. With a few minor exceptions, the judge concluded that the jurors were right as far as the law goes.

"Accordingly, the trial was fairly conducted, with uniform time limits and rules of evidence applied to both sides," the judge said. "A new trial would be contrary to the interests of justice."

The judge is still considering Samsung's demands to reduce the 1.05 billion-dollar award. The jurors had filled out a verdict form listing the damages Samsung owed Apple for each of the 26 products it found to have used infringing technology.

Samsung argues that many of the line-item calculations were done incorrectly and that it was due a big reduction in the award.

Apple spokeswoman Kristin Huguet declined to comment and a Samsung spokesman did not respond to emails.

At a hearing in December, the judge seemed inclined to rework at least a few of the jury's damages calculations, but gave no indication by what amount.

Apple and Samsung are the top two smartphone makers and are locked in a no-holds-barred, worldwide battle for supremacy of the 346 billion-dollar annual sales market, appearing in courts around the globe accusing each other of stealing technology and trade infractions.

International Data released a report on Friday showing smartphone shipments soared 36% worldwide in the fourth quarter as the sleek devices supplanted personal computers and other gadgets on holiday shopping lists.

Samsung Electronics retained its bragging rights as the smartphone leader, shipping nearly 64 million devices for a 29% share of the global market. Apple ranked second with nearly 48 million iPhones shipped during the fourth quarter, translating into a market share of 22%.

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