FOSS Patents has just reported that Judge Lucy Koh who presided over the landmark case between Apple and Samsung, in which the jury had ordered Samsung to pay Apple $1.09 billion in damages for infringing on its patents has voided nearly half of the damages owed by Samsung.
She has also ordered for a new trial to settle the revised damages.
FOSS Patent reports:
The $450 million amount [struck from the damage award] corresponds to 14 Samsung products, with respect to which a new damages trial must be held because the court cannot make the adjustments it deems necessary for legal reasons: the jury set only one damages figure per product, but half a dozen different intellectual property rights were found infringed, resulting in a lack of clarity as to what portion of a per-product damages figure is attributable to a given intellectual property right.
Back in January, judge Koh had ruled that that Samsung did not infringe Apple patents wilfully, which had indicated that she could reduce the damages Samsung owed to Apple based on her findings.
She has ordered 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. However, it is important to note that she did not throw out the ruling that these products infringed on Apple patents, she only disagreed with how the jury calculated the damages for these products.
Samsung still needs to pay Apple $598 million in damages and whatever the jury of the new trial decides the damages for the 14 Samsung products.
Post has been updated with more details.
Samsung has issued the following statement to AllThingsD:
“Samsung intends to seek further review as to the remaining award. We are also pleased that the court earlier found that Samsung had not acted willfully, denied Apple’s request for a permanent injunction, and denied Apple’s motion for increased damages.”
Here’s the full copy of the ruling:
Judge Koh Orders New Trial for Some Damages in Apple-Samsung by Ina Turpen Fried
Via: FOSS Patents