Apple has been dealt a serious blow in the Apple v. Samsung legal battles as Judge Lucy Koh has cut the damages to be awarded down to $598,908,892 and ordered a new trial to determine the remaining balance. Originally, Apple was awarded $1.049 billion back in August, but due to the court identifying “an impermissible legal theory on which the jury based its award,” the settlement was reduced by $450,514,650.
Judge Koh had found two main errors in how the jury calculated the damages awarded to Apple. First was that the jury used Samsung’s profits to determine the amount owed for infringing on Apple’s patents, a practice usually for calculating damages when design patents have been infringed. Second was the time period Apple should be awarded damages for. Koh pointed out that Apple was only due damages for product sales after the company had informed Samsung of the violations it believed were taking place.
As such, the damages from 14 different Samsung devices were removed — including the Nexus S 4G, Galaxy Tab, and the AT&T version of the Galaxy S II — since the jury’s calculations were found to have been wrong. Koh has advised both sides to go through the appeals process before proceeding straight to a new trial, but Apple most probably will not be awarded anything near the original $450 million in a new trial. While Samsung may not owe Apple as much now, the jury’s decision on Samsung infringing on Apple’s intellectual property still stands. Koh also found that additional damages were owed for sales of infringing Samsung devices after the end of the trial.
With trials already setting up for 2014, Apple and Samsung will be butting heads for quite a long time.
Source: The Verge