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Judge Koh rules against Samsung, won't delay damages retrial set for November

Posted: , by Alan F.

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Judge Koh rules against Samsung, won't delay damages retrial set for November
Judge Lucy Koh ruled on Thursday that she will not delay the retrial on damages set for November between Samsung and Apple. Yes, this is all about the original patent trial that a jury ruled on one year ago Saturday. That $1.05 billion damages award in favor of Apple has been been reduced by Judge Koh to $650 million. The $400 million difference is what the retrial is all about and the jury can decide to raise or lower that amount as it sees fit. Apple's original expert on damages is now deceased and a new expert has signed on. The court and Samsung will have to get used to the new expert's style including her new damage calculations for each product that the jury ruled Samsung infringed on.

Meanwhile, Samsung has been trying to delay the new trial because, well, who wants to have to cut a check for hundreds of millions of dollars to your chief rival? The Korean tech titan tried to have the whole retrial vacated but this attempt was shot down by Judge Koh. In addition, with the USPTO in the midst of re-examining certain Apple patents, Samsung is claiming that the re-examination has led Apple to claim a narrower scope concerning two Apple patents. One would be the infamous '381 rubber-banding patent for the bounce back after scrolling to the very end of a screen. Samsung has asked for a new trial on that patent or in lieu of that, a partial judgment that it could appeal. The appeal process would have put a hold on the retrial which would have essentially given Sammy the delay that it wants. This end run was also shot down by the court.

The other patent is the '915 pinch-to-zoom API patent. Apple had been narrowing the scope of the patent during the re-examination process and Samsung apparently wanted to raise an issue about it during the hearing. No mention of it was made in Judge Koh's ruling which means that for now, we are not sure what issue Samsung wanted to bring up about '915.

So for Samsung and Apple, it looks like the damages retrial will be on as scheduled for November, another chance for the attorneys to show why they get the big bucks.

source: FOSSPatents

23 Comments
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posted on 23 Aug 2013, 02:17

1. itsdeepak4u2000 (Posts: 2604; Member since: 03 Nov 2012)


Oh god...

posted on 23 Aug 2013, 10:28 1

16. Santi_Santi (unregistered)


Koh and Apple need to take samsungs money away quickly befor the USPTO invalidates Apples patents... pretty obvious, right?

posted on 24 Aug 2013, 11:06

24. donfem (Posts: 526; Member since: 30 Mar 2011)


Which will be paid back once the patents are invalidated. :)

posted on 23 Aug 2013, 02:23 9

2. Droid_X_Doug (Posts: 5736; Member since: 22 Dec 2010)


This is going to be appealed for almost forever. I will probably be dead and gone before the appeals are all exhausted. Meanwhile, Sammy is eating Apple's Lunch. So, same outcome.

posted on 23 Aug 2013, 07:42

6. ardent1 (Posts: 1994; Member since: 16 Apr 2011)


Sammy is enjoying it's day in the sun from stealing from Apple.

You know the saying, what comes around goes around -- I can't wait to laugh at Sammy when the low-cost android OEMs start eating Sammy's lunch.

But, here's the catch, Sammy doesn't have the customer loyalty like Apple. You look at the S4 or S4 Active's --yeah, Sammy sold a ton of units, but customers have also been quick to return the "defective" units. Mark my words, if you track customer satisfaction over time, Sammy's overpriced and overmarketed products are going to haunt them.

Lastly, if you look at some US carriers, Sammy's products are quick to being discounted and generally have below average reviews.

posted on 23 Aug 2013, 08:31 4

11. jacko1977 (Posts: 388; Member since: 11 Feb 2012)


"defective" units like the ijunk 5

posted on 23 Aug 2013, 12:12

17. sniper1087 (Posts: 366; Member since: 31 Dec 2011)


pointless comment, seriously if you want to call a product junk, you have to justify it, the iphone while not feature rich like the S4, does what it supposed to do which is give you a great user experience, there are other phones that by adding more features are hindering the experience, like samsung added so many features, that dont always work well, slow down the system, takes more space than other phones, yes the HTC One did a better job, they put a lighter UI that still gives the user a smooth performance, which for me so far is the first thing I look in a phone, followed by build quality and camera.

posted on 23 Aug 2013, 13:55 4

18. willard12 (Posts: 778; Member since: 04 Jul 2012)


Wasn't Apple the one caught stealing from Samsung and then had to have the President stop them from being banned? Who was the CEO that said "good artists copy, great artists steal?" Applke makes millions on apple care replacing all of their death gripped, cracked screened , purple tinted devices. So,for the whole "defective" argument you're making ......see apple care.Speaking of eating someone's lunch, you may want to point to something other than a survey.

http://www.phonearena.com/news/Android-is-taking-over-the-world-80-of-all-smartphones-run-Googles-OS_id46001

posted on 23 Aug 2013, 07:52

9. ardent1 (Posts: 1994; Member since: 16 Apr 2011)


One more thing, D_x_D ought to read the memo.

Apple is eating android's lunch -- refer to link:
http://www.phonearena.com/news/Survey-More-Android-users-switching-to-the-Apple-iPhone-than-vice-versa_id46549

posted on 23 Aug 2013, 09:09 6

14. Googler (Posts: 813; Member since: 10 Jun 2013)


In the US, where Apple's only big market exists. Figured even you would have figured out that survey was a total waste of time due to the results being so localized.

80% world market share for Android says otherwise.

posted on 23 Aug 2013, 14:04 3

19. -box- (Posts: 3784; Member since: 04 Jan 2012)


You're using an article that few covered because the sample size was only FIVE HUNDRED PEOPLE. It's basically irrelevant.

posted on 23 Aug 2013, 14:10 2

20. Droid_X_Doug (Posts: 5736; Member since: 22 Dec 2010)


"It's basically irrelevant."

That is ole ardent - irrelevant....

posted on 23 Aug 2013, 03:22 11

3. SuperMaoriBro (Posts: 293; Member since: 23 Jun 2012)


Apple. Im going to stop buying your products. Not because they suck (though I prefer my android gadgets more than my ios gadgets), but mostly because your company ethic's suck.

posted on 23 Aug 2013, 07:45 1

8. ardent1 (Posts: 1994; Member since: 16 Apr 2011)


Apple's the victim here. Samsung was adjudicated in a court of law using the jury system and found guilty of stealing IP.

These are simple and indisputable facts.

posted on 23 Aug 2013, 08:31 3

10. jacko1977 (Posts: 388; Member since: 11 Feb 2012)


apple is the thief here not samsung

posted on 23 Aug 2013, 09:15 1

15. Googler (Posts: 813; Member since: 10 Jun 2013)


"Apple's the victim here." LOL, never thought I'd ever see that written, then I realized who wrote it.

But yes, technically your second sentence is correct. That's why there's such a thing as the appeals process. It's also why the USPO is reviewing Apple's patents because patents held by other companies existed previously. When you start to look at things beyond the tunnel vision you possess, it's easy to see there's a lot more going on with this trial than "Apple's the victim here." Haters are going to hate though.

posted on 23 Aug 2013, 14:47 2

21. InspectorGadget80 (Posts: 6405; Member since: 26 Mar 2011)


they don't care bout the consumers. they are afraid of loosing more and more consumers and their stocks. they never did any good during the 90s when they reinvented the mp3 player. now they feel threatened they don't care bout other consumers that don't buy apple products.

posted on 23 Aug 2013, 17:04

22. gallitoking (Posts: 4684; Member since: 17 May 2011)


don't confuse haters with consumers.. Apple has a loyal fan baseand the have award winning customer care department. so try again.. second... no company cares for non consumers.. either they buy their products or not... not one company wlil cater to your personal needs

posted on 23 Aug 2013, 04:20 1

4. MartianMe (unregistered)


Those two patents are based on the Android OS not Samsung's.....

posted on 23 Aug 2013, 05:41 1

5. joey_sfb (Posts: 2892; Member since: 29 Mar 2012)


They still have a ultimate patent of round rectangle touch screen design patent. That patent cover everything that shape like a phone with touch screen...

Show me a smartphone that don't infringe...Oh my God!!! You got to hand it to them.

posted on 23 Aug 2013, 08:59 2

12. InspectorGadget80 (Posts: 6405; Member since: 26 Mar 2011)


STUPID JUDGE. getting sick and tired of this shyt already. just drop the freaking case

posted on 23 Aug 2013, 09:05 1

13. Googler (Posts: 813; Member since: 10 Jun 2013)


Judge Ito can now rest well at night, he'll no longer go down in history as managing the biggest circus to ever be called a trial.

posted on 24 Aug 2013, 07:05

23. Ronny666 (Posts: 108; Member since: 08 Jun 2013)


I guess her family and relatives in Korea would have disowned Lucy by now. :D

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