Judge Tosses Some of Apple’s Samsung Damage Award

| News

Judge Lucy Koh has tossed US$450.5 million of a $1 billion damage award a jury awarded Apple in August of 2012. The jury found Samsung guilty of patent infringement on a number of devices, but Judge Koh ruled that it used an impermissible legal theory for some of the damages, and ordered a new trial to re-determine damages.

“Because the Court has identified an impermissible legal theory on which the jury based its award, and cannot reasonably calculate the amount of excess while effectuating the intent of the
jury, the Court hereby orders a new trial on damages for the following products: 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,” Judge Koh wrote in her ruling.

FOSS Patents reported that the issue was the way the jury awarded a single damage award for each infringing product, even though they infringed on multiple patents. This

The infringement verdict itself was not affected by the ruling—Samsung remains a convicted copycat—but unless a new settlement is reached between Apple and Samsung, the damage award will be opened to a new jury.

Judge Koh recommended holding the new trial after the appeals process has been completed. The remaining $598.9 million in damages remain intact and subject to the ongoing appeals process.

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Samsung likely has very little reason to settle, insuring that a second trial will be needed. The damages awarded by the jury were quite large, and while a new trial gives Apple the opportunity to get an even larger award, the more likely outcome is that Samsung will be able to use the process to have damages lowered.



Seems like Koh and the US are bending over backwards to take business away from an American company in favor of a Korean copycat company.  Almost as if the US is saying: “No, Apple, you cannot enforce your patents. In fact, let’s take away your patents, due process, etc. When we finally allow this case to go forward, the outcome will be no monetary damages, just barring these models from the US marketplace, except for ones that may still already here. Of course these models will be ancient history by then, and Samsung will no longer be making them. Oh, US company, here are your (rather high) court costs.” 

Isn’t our justice system swell?

Bosco (Brad Hutchings)

So the award has gone from rounding error to about 1/2 of rounding error. Samsung could give a rat’s ass. It has turned the whole thing into a marketing goldmine. The ongoing case draws sustained attention to the myriad of garbage patents the PTO grants, and draws additional attention to the problems of applying a very old system to a very new and dynamic industry. In the long run, we’re all going to be better because of a process where neither side will back down an inch.

John Dingler, artist

A western move character had the line, “What do you expect? He’s a Texan.” What do you expect from Samsung. It’s a Korean.

Bryan Chaffin

John, that’s a startlingly racist comment. To say I’m surprised is an understatement.

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