Apple says Judge Koh's revised damages figure is $85 million off
The reason for the second trial is that the jury had awarded Apple one damage amount per device even though some models were said by the jury to have infringed on more than one patent. The ruling left Apple's award at $598.9 million, plus whatever the new jury rules on the second damages trial, and pre-trial interest. But Apple is claiming that Judge Koh's calculation leaves it more than $85 million short.
Apple has filed with the court, seeking reinstatement of $85.3 million. The Cupertino based company claims that the damage award on two phones which were vacated by Koh, should remain as part of the original $1 billion verdict. The two phones are the Samsung Galaxy S II and the Samsung Infuse 4G. While we have no idea when Judge Koh will get to this filing, the second damages trial will start once Samsung has concluded its appellate proceedings.
1. TechBizJP08 (Posts: 495; Member since: 25 Mar 2013)
Now they are after the money. Not the sales ban. LOL
7. Droid_X_Doug (Posts: 5993; Member since: 22 Dec 2010)
'Cause they aren't going to get a sales ban. Don't be surprised if Sammy's appellate effort vacates the original jury verdict. Then Apple get bupkis.
8. Ivan6479 (Posts: 248; Member since: 26 Jun 2011)
Well it was always Jobs that wanted the ban. Clearly the new CEO is more about business and the money.
9. Droid_X_Doug (Posts: 5993; Member since: 22 Dec 2010)
Apple has asked for a sales ban. They just know they aren't getting it. Judge Koh herself denied one of the requests. You don't go and risk angering the person you are asking for more money from by asking for something they have already said no to.
21. Ivan6479 (Posts: 248; Member since: 26 Jun 2011)
If Jobs was still running the place you better believe he would still be going for the ban.
He clearly said "I'm going to destroy Android, because it's a stolen product. I'm willing to go thermonuclear war on this." He was never about settling for any amount of money.
24. TechBizJP08 (Posts: 495; Member since: 25 Mar 2013)
Its true that apple's ideals died along with him. Including the innovations. He was not only the Founding father of apple, but also the mastermind.
10. doejon (Posts: 392; Member since: 31 Jul 2012)
no wonder cuz the iphone 5 is not selling well.. and now s4, htc one and the sony xperia are on the way even for a better price (after a moth of rls)..
so they try to get money from everywhere hahaha
rotten apple ur time is up muhahah
13. anywherehome (Posts: 971; Member since: 13 Dec 2011)
Apple = Greedy itself.....just an iConboard with limited users
2. ama3654 (Posts: 295; Member since: 27 Nov 2012)
Apple fighting over $85m? wow! i never knew they had sunk that low, and squabbling over every little cash they can muster. Shame on you greedy Apple!
3. roscuthiii (Posts: 1957; Member since: 18 Jul 2010)
I was hoping the Tim Cook would be a new lease on life for the "Think different" company that became the, "Think my way, or the highway" company, but... looks like Timmy is going to stay the course. Disappointing.
4. rusticguy (Posts: 2828; Member since: 11 Aug 2012)
It will go down still further ... in appeal in any case till it reaches SC ...
But maybe they need money for their plastic phones which would be ICOMIC Phone :)
5. jroc74 (Posts: 5673; Member since: 30 Dec 2010)
I cant wait til this is over.
In the mean time......arent the damages gonna be less with 2 patents that Apple were suing over invalidated by the USPTO?
I never see this bought up in the case.
16. Aeires (unregistered)
I wonder about that too. It's kinda hard to prove damages when your patents were invalidated but Apple seems to be holding the course regardless.
23. Ivan6479 (Posts: 248; Member since: 26 Jun 2011)
I had thought about that as well. It is very odd how they are letting Apple get away with that. You would think that they would have to recalculate that due to the patents that were invalidated actually played a big role in the suite.
6. joey_sfb (Posts: 4636; Member since: 29 Mar 2012)
Apple should just get better designer and engineer to innovate on product than to chase the tail of of their competitor. Their current design is old and undesirable.
18. InspectorGadget80 (unregistered)
Yes they need a new designer. They should fire their head designer
11. MartianMe (unregistered)
Is amazing to hear these companies talking about millions like if it is nothing and yet there's a lot of people without a dollar in their pockets...even here in the US...
12. xperiaDROID (banned) (Posts: 5629; Member since: 08 Mar 2013)
What the hell is Tim Cook doing? DO SOMETHING! I think he's drinking coffee and thinking how rich is he right now.
14. tedkord (Posts: 8006; Member since: 17 Jun 2009)
Actually, the award is about $550 million off. On the high side.
17. InspectorGadget80 (unregistered)
Stfu apple. The judge knew what she was doing was wrong. Now everyone can see your true greedy self. And the jury was paid by apple as well
19. dragonscourgex (Posts: 307; Member since: 16 Jan 2012)
If Judge Koh would be worth anything as a judge, she would have thrown this whole pointless and wasteful court battle. This lawsuit over both companies having products with rounded corners should never have seen the light. Even more so, since all of the phones that are up on the chopping block or ether discontinued or reaching their life span.