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Apple seeks retrial in Samsung patent infringement case

The electronics giant Apple has requested a retrial in America after a judge ordered Samsung to pay it $119m in damages for breach of two of Apple's patents, reports the BBC.

The war between Apple and Samsung has waged for many years, with Samsung seemingly now well ahead in the marketplace for 'smartphones' worldwide with a market share globally of around 30%. Apple is some way off with a market share of around 15%.

The two have also been locked in an intellectual property legal battle in America for many years.

The case began in 2011 when Apple filed lawsuits against rival Samsung in a California court, claiming that Samsung had copied three utility patents and four design patents when designing their own range of smartphones.

The litigation wars expanded dramatically, such that by the middle of 2012, the two manufacturers were engaged in legal battles in 19 countries, with over 50 law cases ongoing between themselves and other phone manufacturers including Motorola.

Apple won the case, and a staggering $1.049bn in damages as a result of the trial, which found that Samsung had copied many features of Apple phones including the overall design and shape, the use of a home button, 'tap to zoom' and other features.

The amount of damages was reduced by $400m in a subsequent appeal hearing, and Samsung was successful in contesting an attempt by Apple to have their handsets banned from sale in the US as a result of the infringement of Apple's patents.

In 2013 Samsung admitted that it had used Apple patented ideas in the manufacture of its handsets.

"This is a case not where we're disputing that the 13 phones contain some elements of Apple's property," said a lawyer for Samsung.

The company dispute the level of damages awarded to Apple as a result of the infringement, saying that the amount owed should be less than $100m.

In the latest case Apple was awarded just $158,000 - an amount far less than the $2.2bn Apple was seeking.

It is understood that Apple will need to seek a retrial in order to increase the level of damages awarded.