Apple alleges Judge Lucy Koh made $85 million error in damages order vis-à-vis two patent infringing Samsung phones

“On March 1, Judge Lucy Koh vacated approximately $450 million of Apple’s $1.05 billion damages award in its first Samsung lawsuit in the Northern District of California,” Florian Mueller reports for FOSS Patents. “This doesn’t mean that the $450 million amount is gone forever: any vacated parts of the award would have to be redetermined by a new jury, which could theoretically even arrive at a higher number given that the first jury granted Apple only about 40% of what the court allowed it to present as a damages claim, and Samsung argues that the new jury would also have to re-evaluate the underlying liability issues (Apple disagrees).”

“I just saw a couple of filings by Apple, in the context of what the next procedural steps should be (Apple wants the vacated damages to be redetermined ASAP while Samsung wants a stay pending an appeal of the merits that Apple believes would be premature),” Mueller reports. “Interestingly, Apple claims to have found an error on Judge Koh’s part to the tune of $85 million (approximately 19% of the total vacated amount): she thought the jury had granted, on the basis of an impermissible legal theory presented by Apple at its own peril, $40,494,356 for the Galaxy S II AT&T and $44,792,974 for the Infuse 4G, but Apple points out that Samsung’s own admissions concerning the dates of first sale of these products as well as certain exhibits consistent with those admissions prove that the relevant theory — disgorgement of profits for design patent infringement — was permissible.”

Mueller reports, “Therefore, the number of products for which the damages award can stand would go up from 14 to 16, while the number of products for which a new determination is needed would go down from 14 to 12. The affirmed damages award would increase from $600 million to $685 million, almost two thirds of the $1.05 billion verdict.”

Read more in the full article here.

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25 Comments

  1. Mistake by just another incompetent Democrat appointee or is Lucy another in a long line of crooked Democrat appointees?

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

    Obama, Boxer, Feinstein, Democrat-controlled U.S. Senate, Korean descent.

    Just sayin’.

    Unless you’re just a typical incompetent Dem/Lib/Prog, enjoy the mansion in Pyeongchang-dong, Lucy.

      1. Breeze, disappointed in you.
        Attack the message (if you can), not the messenger.
        Exterminating dissidents? (and “their ilk”)
        Seriously?

        Many incompetents have been put on the bench for their willingness to advance causes by legislating from the bench (something that is strictly unconstitutional BTW, but then so is banning firearms which many seem to forget)

            1. Dude, you talk about exterminating dissidents (even if it was metaphorical) and you want to talk moral arbitration?
              Holy crap… one hardly needs to be an arbitrator to see how far off base you are.
              You are extremely rational (in many posts) but when it comes to politics, it seems you check your brain at the door.

            2. Pierre sterling

              856-825 6300
              Xt 4233

              Ok let’s get it straight:

              The rabid right will be the demise of the republikan party.

              The self inflicted damage by zealous unsubstantiated dogma and TP antics, just like those used by Samsung have relegated it to the anals of American politics.

              You can kick and shout all you want but you lost the election quite dramatically and still got lifeline because the American public thought that you would learn a lesson from your loss and withdraw your divisive, toxic tantrum of NO to everything. Unfortunately you are blind and continue to selfishly inflict yourselves on everyone even if it means coming to a Mac forum and contributing nothing but malice.

              You and your ilk will be eradicated in the 2014 elections, not because you are dissidents, but because you are diseased and have dysentery.

            3. Ok let’s get it straight:

              The rabid right will be the demise of the republikan party.

              The self inflicted damage by zealous unsubstantiated dogma and TP antics, just like those used by Samsung have relegated it to the anals of American politics.

              You can kick and shout all you want but you lost the election quite dramatically and still got lifeline because the American public thought that you would learn a lesson from your loss and withdraw your divisive, toxic tantrum of NO to everything. Unfortunately you are blind and continue to selfishly inflict yourselves on everyone even if it means coming to a Mac forum and contributing nothing but malice.

              You and your ilk will be eradicated in the 2014 elections, not because you are dissidents, but because you are diseased and have dysentery.

            4. You spew on about malice and toxic tantrums?

              Go back and rationally read my posts and your posts.

              You are so far out of line it really isn’t worth going on, again I thought you better than this kind of nonsense.

  2. Is there one facet of this case that Koh’s court is not totally boning?

    “Let’s nullify the jury’s ruling of willful infringement and vacate half the damages.”
    “Whatever you say, Lucy!”
    “I guess I forgot to carry the 1 when I did my calculation! Oopsie!”
    “No problem, Lucy. It’s only an $85 million mistake a paralegal would have caught!”

    This mockery shows no sign of letting up.

    1. Obama nominee. Dummy Holder, Big Sis Napolitano, Head Injury Hillary, Clueless Lucy…

      They are all total bone jobs. They all take after their shiftless “leader.”

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