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.