Judge may lower Apple’s award in Samsung patent case

“A federal judge signaled Thursday that she might reduce Apple Inc.’s $1-billion jury award in its patent infringement case with Samsung Electronics Co.,” Jessica Guynn reports for The Los Angeles Times.

“U.S. District Judge Lucy Koh did not specify by how much she might shave the award, but during a marathon afternoon hearing in federal court in San Jose she said it did appear that the jury had miscalculated damages,” Guynn reports. “In August, after three days of deliberations in the complex patent case, a jury awarded Apple more than $1 billion… Koh said she would issue rulings in the coming weeks.”

Guynn reports, “Samsung argued that the damage award should be reduced because the jury incorrectly calculated the amount. Apple asked the court to award $535 million more in damages because the jury found that Samsung had willfully infringed Apple’s patents. Both sides seemed to be gearing up for years of legal appeals despite the judge’s plea for ‘global peace.’ The case is likely to go before the U.S. Federal Circuit Court of Appeals, the Washington court that decides patent disputes, and perhaps the U.S. Supreme Court.”

Read more in the full article here.

MacDailyNews Take: By now, Apple deserves ten times that award, at least, not to have it reduced.

Koh needs to stop wasting everyone’s time grandstanding with empty, misguided pleas for peace, get her ass in gear, and adjudicate the case before her so it can move on to a higher court while we’re still young. How many more Christmases will Samsung be allowed to sell property stolen from Apple?

22 Comments

  1. She actually had the balls to say “If [Apple’s 3G and 3GS models] [are] off the market, where is the irreparable harm? It’s gone.”

    Gee, Lucy: I wonder why Apple’s sitting in court suing for damages for a phone that came out 4 years ago? Do you think it has anything to do with the glacial pace your proceedings operated under? This patent system – and the legal system that serves as the remedy for enforcement – is a joke.

  2. Yes, I think she has been grandstanding. She continues to be disappointing. She does not care. There is no injunction, less and less damages, more and more air time for her and no real justice. Any idiot can tell it was copied but in her court it doesn’t matter. What the jury decided does not matter. All she wants to do is lecture the companies rather than dispensing justice. Apple does not need the money, it needs the protection.

    1. Going out on a limb here: I think she’s trying to get as much air time as possible so that she might be considered for a slot on the Supreme Court. She can’t lose – an Asian-American plus coming down time after time on Google’s enemy after a g-d jury spoke their verdict. Eric T. Mole for Attorney General and Lucy Koh for Supreme Court Justice. Just in time for the Mayan Porklips in December.

  3. If the judge can unilaterally decide to increase or decrease the amount of damages awarded, why go through the motions of a jury trial? Isn’t that a complete and total waste of time.

    Why not just have the judge presiding and get an Internet poll going voted on by the readers of MDN as to who the guilty party is and how much to award. It’s just as scientific and valid. Makes a mockery of the legal system.

    The only people happier than elves are the lawyers who are making out like bandits.

  4. She is one assdumb bitch. What the fsck is she doing telling anyone to make ‘world peace’. She needs to shut the fsck up and finish up the case. This is about war, not peace, you dumb bitch.

    1. Please tell us how you really feel! You appear to be holding back. 🙂 None of this changes anything for Apple or Samsung. The tech they are fighting over is already water under the bridge. Take a look at the Note 2 and iPhone 5 and both are so much further advanced than the tech that the Court is dealing with. Apple does not need the Court to level the playing field as Ford did not require the Courts to try and stop their largest supplier of parts, namely the Dodge brothers from building their own car company.

      Watched Mr. Cook last evening on NBC and all I can say is that he is tightly scripted as if I was him, I would have hammered NBC for running a full Samsung ad as part of the interview which was an Apple focused interview.

  5. Between her and Posnor, there seems to be a conviction that if two parties are fighting over IP, they’re both automatically equally harmed, and equally guilty.

    This is absurd. But it’s the narrative that’s formed.

    If the Polaroid vs. Kodak trial over instant photography had happened today, Kodak could have gotten away with stealing Polaroid’s crown jewels simply by throwing a bogus counter claim into the mix.

  6. How can apple be asking for a sales ban on the galaxy s3? Please tell me how anyone can confuse one of those with an iphone. The os. and appearance are nothing alike. It. makes apple look desperate and witg each lawsuit they look more and more like the greedy corporation everyone wants to see fail. Despite the numbers the Apple fashion fad is dieing…the consumer knows it and apple knows it. The majority of mdn is very close minded when it comes to tech so they have yet to comprehend that there is plenty of tech equal or better then what apple has to offer, in both specs and user experience. Face some people love android and they arnt stupid, they arnt uninformed and they are not poor, They just like it better then apples os. Get used to it and stop it with the childish name calling.

      1. then acquaintance is an idiot. Im sick of this bs excuse. Nobody confuses iphones and androids. I can understand the iphone 3G arguement to some extent…but the androids of today are nothing like iphones and the interfaces are conpletely different. Mdn loves showing an android os with the app drawer open so they can say “look! they are both rectangular and use icons!” In reality nobody uses android os that way. I really dont understand what these fanboys expect other smartphones to look like. Circular? Triangles with Simon Says shaped buttons? If they had their way any phone thats not an iphone would look like an f-in gamebot pocket. The galaxy s 3 is an incredible phone in its own way, but mdn would have you believe its a complete ripoff of the iphone. If you cant appreciate the tech both spec and os wise in that phone then you have no place discussing technology.

  7. despite the judge’s plea for ‘global peace.’

    Peace is only achievable through justice. When the courts strive for justice, we can start creating peace. Judge Koh seems to have forgotten that the law is not her own platform for propping up her version of compromise. Compromise is a far far cry from justice.

  8. Question is when Koh finally comes out with a verdict, does it mean Samsumg will pay up.
    Probably not – there will be another appeal and another delay.

    Apple have to do the litigation to protect their patents but in reality it will barely change anything. There will be small victories such as the HTC one but for the most part companies will get away with it.

    I think we have to accept this is the norm and hope that Apple continue to innovate because this is really the only way to stay ahead of the competition.

  9. As I have been saying, forget the foreman, Koh is Samsung’s trump card. Expect her to significantly reduce the reward to a small fraction of the original total, amounting to a slap on the wrist and validation of Samsung’s license to steal. Apple is lucky in that she does not appear to throw out the case and require Apple to formally apologize to Samsung like the nutcake judge in the UK.

    My hats off to Samsung for being incredibly adept at playing the archaic, corrupt court system. They lost a battle, but will win the war.

  10. ‘Justice’ in the US and other mainstream democracies is all the same. Pathetic! Inept! Ineffectual! The only parties to benefit at ‘ANY’ time are the lawyers, judges and associated ‘hangers on’.

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