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:
Related article:
Judge Lucy Koh orders Apple and Samsung to narrow claims – February 22, 2013
Apple appeals Judge Lucy Koh’s refusal to bar Samsung’s patent infringing smartphones from U.S. market – December 20, 2012
Judge denies Apple request for permanent ban on Samsung phones in U.S. – December 17, 2012
Judge: Can you tell me which is iPad and which is yours? Samsung lawyer: ‘Not at this distance your honor’ – October 14, 2011
Samsung’s new ‘Wallet’ bears striking resemblance to Apple’s Passbook – February 27, 2013
Korea JoongAng Daily: Samsung must stop slavishly copying Apple – September 3, 2012
South Korea reassesses its great imitator, Samsung – September 2, 2012
Convicted patent infringer Samsung acuses Apple of trying to limit consumer choice – September 1, 2012
Is Samsung copying Apple’s patented earphones? It sure looks like it – September 8, 2012
Samsung mimics Apple product videos in Galaxy S III promo (with video) – August 24, 2012
Now slavish copycat Samsung attempts to knockoff Apple’s retail stores (with video) – August 23, 2012
Samsung: Shameless slavish copiers – August 13, 2012
Apple attorney: Instead of innovating, Samsung chose to copy iPhone and iPad – July 31, 2012
Apple: Google warned Samsung against slavishly copying our products – July 25, 2012
Now Samsung slavishly copies Apple’s Mac mini – June 1, 2012
Samsung Mobile chief ‘designer’ denies that Samsung’s instinct is to slavishly copy Apple – March 23, 2012
Slavish copier Samsung shamelessly steals Apple’s iPhone 3G design – again – January 3, 2012
Slavish copier Samsung uses girl actress from iPhone 4S ad for Galaxy Tab 8.9 spot (with video) – January 2, 2012
Now Samsung’s slavishly copying Apple’s iPad television ads (with videos) – December 30, 2011
Judge: Can you tell me which is iPad and which is yours? Samsung lawyer: ‘Not at this distance your honor’ – October 14, 2011
Why are Apple’s icons on the wall of Samsung’s store? – September 24, 2011
Apple to Samsung: ‘Blatant copying is wrong’ – April 18, 2011
Apple sues Samsung for attempting to copy look and feel of iPhone, iPad – April 18, 2011
Samsung’s ‘Instinct’ is obviously to make Apple iPhone knockoffs – April 1, 2008
