Judge Lucy Koh slashes jury award in Apple v. Samsung case from $1.03 billion to $599 million

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

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


    1. Is there no way in American law to avoid such a perversion / miscarriage of justice? Could somebody please explain the situation in the US who has knowledge about it?

      As a German I am always surprised what happens in American court rooms. (Not that law and justice is much better over here, but a little less surprising indeed it is.)

    1. What exactly would pull Apple down, setting aside all the DESPERATE PR attacks on the company for no sane reason?

      Yet another reason to be happy Apple has a massive war chest. The war is on, and Apple only THRIVES.

      1. This is a completely ignorant thing to say. Either you are so biased that you THINK Apple hording all of its cash is a good thing, or you have absolutely no idea what stock and investments are all about. Apple sitting on all of its money means they are not sharing dividends to stock holders, those stock holders have noticed this and are selling selling selling… this is why apple has been on a downward slope for 6 months straight.

        1. The fact that buying and selling stock is increasingly a psychological even is well known. Clearly you are emotional about this situation as well as focused on playing the financial game. Oh well.

          I’m not focused on emotional incentives or game playing. Now go back and read what I wrote again and see if you can figure out my personal motivation for LIKING the fact that Apple has ensured its future specifically because of its cash horde. Also see if you can figure out how Apple having a future is GREAT for all Apple stock holders.

          Also consider this simple formula of human behavior:


          This wrong way of thinking is part of the self-destructive spirit of the age. Apple is NOT thinking this way. Apple is thinking BETTER as well as different. I like that. Maybe you can figure out what’s REALLY going on and like it as well.

          Die parasites die. Faster! Faster!

  1. And this comes after the xeroxing of Passbook as well. In the long run, this is horrible for business. 1 billion was a slap on the wrist, and now this is reduced further?

    1. It’s funny you mention xerox, given the mac os was a stolen product from xerox.
      You’re right though; samsung do copy apple – they clearly learnt from Job’s statement ‘good artists copy, great artists steal!’.. so are samsung good artists or great?

      1. Oh fer chrissake you pathetic, bombastic little boy. Go back and learn your history. The Xerox executives ordered the people at Parc to show their work to Steve — and Apple bought the rights to use a number of ideas with a stock deal.

        1. Sure – it was all hunky dory. That whole lawsuit from Xerox against Apple was just part of the negotiations.
          Anyway, Jobs said great artists steal, and what do you know, apple iOS now have Androids drop down menu.. copying happens all the time so get off your high horse.

  2. Obama, Boxer, Feinstein, Democrat-controlled U.S. Senate.

    Just sayin’.

    Korean descent.

    Just sayin’, again.

    Enjoy the mansion in Pyeongchang-dong, Lucy.

    1. Fsck off, pea-brain.

      The US legal system didn’t suddenly become stupid when Obama was elected. 5% of the world’s population, 95% of the world’s lawsuits. And what is it – I totally forget – 80% of the world’s lawyers? 90%? This sick state of affairs has been in effect for a very long time.
      And unless your name is Running Bull or Flies with Eagles, you are also of very recent foreign decent. An extra reason for you to stop with the stupid, knee-jerk racism.

      Man-o-man. You sure are a wonderful illustration of what is wrong with the right wing. (And I do deliberately write ‘right-wing’ rather than ‘conservative’.)

      1. Just sayin’. 😉

        Have a nice depression, Dems. My money is already safely tucked away where you can’t get your grubby hands on it. You won’t be wasting my hard work on your failed government boondoggles. Not gonna happen. Wouldn’t be prudent.

        When this country finally hits rock bottom and is ready for Reagan II without a Cold War to win, I’ll consider resuming my investments in U.S. job creation. Until then, have fun with your food stamp nation comprised of bums on “disability.”

        The only true “disability” most of you low-information voters have is with your ability to think logically.

        1. Right, because the economy was great under regain… no, wait… S&L failure and subsequent recession of 81 – 82… that’s right… the deepest post WWII economic downturn before the Great Recession of 2007-2009, and who was in office when all of that started… oh yeah.. that’s right GW Bush.

          So, you claim we have an issue with logical thinking? Interesting.. very interesting. If you aren’t typing this gibberish from a padded cell, you should be.

            1. America won’t regain its former glory until the next Reagan arrives. Until then, wallow in your welfare state cesspool, low-information voters.

            2. The fact that, rather than address the facts I laid out before you, you instead chose to regurgitate your delusional, ignorant BS sums you and those of your political leaning up pretty well.

              Thanks for helping prove my overarching point, you vapid windbag.

        2. “My money is already safely tucked away where you can’t get your grubby hands on it.”

          Would you like to expand on that, the IRS might be interested.

          Since your Teabagger friends at shutdowns r us are soooo worried about the debt and deficit whenever a Democrat is in the White House, they will doubtless be looking for more revenue.

          Of course when a Republican is in office deficits do not matter.

          “You know, Paul, Reagan proved that deficits don’t matter. We won the mid-term elections, this is our due.”
          to Bush Treasury Secretary Paul O’Neill

        3. @F14, T16: It’s interesting, though, how survey after survey shows that the states and counties that claim more federal money per capita are the red states. That’s the republican ones. Republicans are the true takers in the real world.
          It’s also undisputed by non-partisan economists that the real engine of any economy is the middle class. They are the people who spend money and buy products and thus are the true job creators. Rich people didn’t get rich by employing people to make products for which there was no market. Stimulate the economy by putting the middle class back to work, not by protecting the uber rich from having to pay slightly more than the lowest taxes in history.
          Don’t you just hate it when the facts have a liberal bias???

    2. ah, the single minded shill for the repubs is back tossing in any contrary personality within range. As if his avatar wasn’t enough indication of his lack of thoughtful or objective opinions. we’re stuck with yet another tired diatribe. Blah blah blah… Such a waste.

    1. Thats former president Lee Myeong-bak. The new president who was sworn in a couple of weeks ago is the daughter of the first Korean president Park Cheong-hui, who in reality lead a military dictatorship.

    2. I love how you people rant on an APPLE website using APPLE articles that quote from and APPLE source as PROOF that when Apple got screwed it was proof that the judge got paid off… you guys are dreaming.

  3. By the way y’all, she did NOT reduce it (yet). She has merely deferred the decision to a later date following a retrial of the “stuff” in question.

    1. Thus I have withheld my FUB comments. But let’s notice that once again: Judge Koh is the Queen of JUSTICE DEFERRED. That, at least, deserves an epithet. How about we dock her pay until she finishes this never-ending trial? Oh, and then that NEXT trial, besides that NEXT trial.

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