“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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