By As we always advise when it comes to early court rulings in these heated patent battles, don’t underestimate the due process of law. That rang true in the biggest patent battle in the mobile sector, the one currently raging between Samsung and Apple. The original $1.05 billion judgment Judge Lucy Koh imposed on Samsung was considered to be an abuse of discretion by the US circuit court, and it seems she’s caught wind of that message loud and clear.
Koh has adjusted the original judgment to the tune of $450 million in favor of Apple. According to her, the jury’s original calculations — against 14 Samsung products — were based on an “incorrect legal theory.” Koh claims she made it clear to the jury that the impermissible theory could not and should not be used when figuring out the damages, but says the jury went ahead and did it anyway.
That said, there’s still a lot more number crunching to be done in the halls of the United States courtrooms. Koh awarded Samsung retrials and appeals for 14 Samsung devices, including the Samsung 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.
The judge will begin the process of recalculating damages on August 25th, and she won’t be considering post-verdict sales evidence and pre-judgment interest until appeals for the aforementioned devices are completed. This many not be the type of victory Samsung wants, but it’s as good as it’s going to get for now. Samsung could see themselves paying even less than the aforementioned $450 million figure by the end of it all, but we won’t know the specifics for a while yet.
[via Bloomberg]
When this is all over its going cost Apple more than what they got out of it.
In the mean time. Apple is ordered to pay $368 Million to VirnetX for stealing. Stop the BullS*** Crapple http://www.tomshardware.com/news/Apple-Patent-FaceTime-VirnetX-iOS,21306.html
>IMO<…this is a political/face saving move on Koh's part. Don't for one minute think that we howling fan boys were the only ones to notice Judge Lucy demonstrating a clear bias towards Apple during large portions of the original trial.
Dude you are crazy.
Apple never created anything it was all prior art. The fact that prior art can be copywrited shows the system is broken. I suppose you are also gullable enough to believe anything Apple says.lies like they created the touchscreen smart phone. Or they created turning down the background sound.
“lies like they created the touchscreen smart phone. Or they created turning down the background sound.” I’d like to see your proof of these claims that Apple supposedly made. As far as I know, it’s just stupid fanboys and the pro-Apple media that has warped the “truth” to reflect these “facts”.
Also, prior art can’t be “copyrighted”. It can however, be incorporated into patents as references. I found this out after a quick 20 second Google search, which you obviously never even tried.
Wow Judge Lucy Koh doing something senseible…I’m definitely surprised.
There seem to be a few errors in this article. The $1.05 billion judgement was not imposed by Judge Koh, that figure came from the Jury. The abuse of discretion was, IIRC, relating to the import ban placed on the Galaxy Nexus, was it not?
I should add, by the way, that she did not simply cut $450 million from the settlement. $450 million of the settlement was based on incorrect calculations, and she’s scheduled a new trial to determine how much of the $450 million Apple will get. IOW, Apple gets $600 million plus some percentage of the $450 million.
You forgot to add that Apple is allowed to add more devices to sue Samsung over, so this could potentially be worse than it was before.
This isn’t over yet. I have faith this fine will be dropped even lower during the appeal
Fock you, Mr. Hogan!
Guys…. I found a letter addressed from Samsung to Judge Lucy Haeran Koh:
“Honorable
Haeran Koh, we have a proposal for you– whatever amount you save us
from the patent decision, we will split you 50% of the savings in the
form of the Korean Won. As we are speaking now, we are finalizing the
purchase of the Gangnam District in your name. Along with the purchase,
we will build you a cash vault where you can swim in your “share” of
earnings. So go, redeem yourself as a daughter of Korea. Make Korea
Proud!”
SAMSUNG, “Where Money Can Buy Everything, Even a Country”