A federal judge on Friday significantly cut into Apple’s legal victory in a patent case against Samsung, lopping more than 40% off the damages a jury awarded Apple last year.

Judge Lucy Koh of the federal court in northern California struck $450.5 million from the jury’s award and ordered a new trial on damages for a series of products at issue.

Judge Koh was the first District Court Judge of Korean descent in the United States. She was nominated by President Barack Obama in January 2010 on the recommendation of California Senators Barbara Boxer and Dianne Feinstein and confirmed by the U.S. Senate in June 2010.

In her review of the jury’s decisions, which originally awarded Apple $1.03 billion for patent violations by Samsung in its mobile products, Koh axed those damages by $450 million, to $599 million.

Ian Sherr reports for The Wall Street Journal, “She ordered a new trial to consider the proper amount owned to Apple for the devices for which she reduced the damages. ‘When a Court detects an error in the jury’s damages verdict, the Court has two choices: the Court may order a new trial on damages, or the Court may reduce the award to a supportable amount,’ Judge Koh wrote in her order.”

Read more in the full article here.

Florian Mueller writes for FOSS Patents, “Part of the reason why a new damages determination is needed is that Judge Koh disagreed with the notice date concerning certain patents-in-suit. The jury based its award on the notice date provided by Apple, which Judge Koh now believes was too early because only one of the patents, the rubber-banding patent, had actually been listed in a presentation Apple gave to Samsung in 2010.”

“Whenever it will ultimately be held, the second damages trial over the 14 products with respect to which the jury award has been vacated (Galaxy Prevail, Gem, Indulge, Infuse 4G, Galaxy SII AT&T, Captivate, Continuum, Droid Charge, Epic 4G, Exhibit 4G, Galaxy Tab, Nexus S 4G, Replenish, and Transform) could result in a figure that is lower or higher than (or, theoretically but unlikely, identical to) the one reached by the jury in August,” Mueller writes. “There will have to be a new jury.”

Mueller writes, “Apple could try to immediately collect the $598.9 million that the judge didn’t adjust, but it’s unlikely that it will physically receive any money before the final resolution of this dispute.”

Read more in the full article here.

MacDailyNews Take: California. The land of fruits and nuts and some other not-so-tasty treats.

Crime pays. Very handsomely. Remember that now, kiddies.

Apple’s products came first, then Samsung’s:

Samsung Galaxy and Galaxy Tab Trade Dress Infringement

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