Apple Award Cut With New Trial for Some Samsung Products

[dipsydoodle]

Source: Bloomberg News


Apple Inc. (AAPL)’s $1.05 billion victory against Samsung Electronics (005930) Co. in a patent infringement case was cut almost in half by a judge who ordered a new trial for some Samsung products.

U.S. District Judge Lucy Koh in San Jose, California, today reduced the jury’s damages award by $450.5 million and said Samsung deserves a new trial on infringement claims over its Galaxy Prevail and other smartphones. Koh rejected Apple’s request to enhance the jury’s award, saying the amount Samsung owed was heavily disputed and the jury wasn’t bound to accept either side’s damages estimate.

“It is not the proper role of the court to second-guess the jury’s factual determination as to the proper amount of compensation,” Koh said in her ruling.

Apple is entitled to additional damages for sales of infringing products that weren’t considered by the jury, Koh ruled, saying she intends to calculate the amount beginning on Aug. 25, the day after the jury reached its verdict. As the case has been appealed, Koh said she would delay considering evidence of actual post-verdict sales and pre-judgment interest until the appeals are completed.

Read more: http://www.bloomberg.com/news/2013-03-01/apple-patent-judge-orders-new-trial-on-some-samsung-products.html

[PoliticAverse]

1. From early last year...

http://www.pcmag.com/article2/0,2817,2399098,00.asp

[Tempest]

2. Samsung hires judge who rules in their favor against Apple

Samsung has reportedly hired a judge who favoured the Korean mobile maker in a recent court case against rival Apple.

UK Judge Robin Jacob served on the bench last year in a case that forced Apple to publish an apology notice asserting that Samsung did not infringe on the design of the iPad for its own tablet.

And, according to a letter to the court from Samsung obtained by Foss Patents, Jacob has been hired by Samsung as one of the nine legal experts for the case, the report said.

Jacob's new job comes less than four months after he presided over the case between Samsung and Apple, it added.

http://www.dnaindia.com/scitech/report_samsung-hires-uk-judge-who-ruled-against-apple_1806065

[dipsydoodle]

4. They didn't hire him for the case mentioned which that implies by association.

In the UK case mentioned the order to publish the apology was associated with Apple's antics in Germany through their courts. Search back on DU for details.

[mahatmakanejeeves]

3. From Apple's home town newspaper:

I would have used this to start a thread had there not already been one.

Apple v. Samsung: Judge cuts $450 million from $1 billion jury verdict
http://www.mercurynews.com/nation-world/ci_22698733/apple-v-samsung-judge-cuts-450-million-from

By Howard Mintz

[e-mail]

Posted: 03/01/2013 01:05:23 PM PST
March 1, 2013 9:5 PM GMTUpdated: 03/01/2013 01:05:25 PM PST

A San Jose federal judge on Friday slashed about $450 million from the $1 billion a jury awarded Apple (AAPL) in August in its patent feud with Samsung, the latest in a series of decisions weakening Apple's legal assault on its smartphone and tablet rival.

U.S. District Judge Lucy Koh found the jury's damages calculations were improper and excessive for more than a dozen of the Samsung devices it concluded trampled on Apple's patent rights, and she ordered a new trial on damages for those claims.

Disclaimer: I recently bought a few shares of AAPL.

[sir pball]

5. They might want to take the money and run before it goes Federal

From the SJ Merc article:

Depending on how Koh proceeds on the new damages trial, her decision could put the legal battle in a position to move to the U.S. Federal Circuit Court of Appeals, the Washington, D.C.-based court that considers patent appeals.

THAT court has slapped Apple down twice already, going so far as to outright overturn a ban on the Nexus...if I were Apple's counsel I don't know that I'd want to be back in front of them. Then again, with a $360 million infringement fine just upheld for FaceTime Apple might be looking for some fast cash..