Apple has filed documents claiming that Judge Lucy Koh’s reduction of damages against Samsung based on “incorrect legal theory” was in fact based on “incorrect legal theory” itself. The Cupertino-based company says that the court made a mistake in cutting Samsung’s fine from over $1 billion to $405 million.
Their claim is based on two of the 14 devices in question — the Samsung Infuse 4G and Samsung Galaxy S2 on AT&T. Apple argues that Koh did away with $85 million in damages pertaining to those two devices based on on an “impermissible legal theory” regarding “disgorgement of profits for design patent infringement.” But the dates of first sale might line up to allow the charges to be permissible.
The end result could mean more money for Samsung to shell out and a reduction from 14 to 12 devices for review during the next phase of legal proceedings. Yes, there is another phase. We’re not out of the woods yet.