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Judge Lucy Koh cuts jury award by $450 million, orders second damages trial in Apple v. Samsung

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Judge Lucy Koh cuts jury award by $450 million, orders second damages trial in Apple v. Samsung
Judge Lucy Koh has just vacated roughly $450 million from the jury award of $1.05 billion that was awarded to Apple last year in the Super Bowl of patent trials that took place between Apple and Samsung. In addition, Koh ruled that a second trial will be necessary to determine the actual damages that should be awarded to Apple for the 14 Samsung products in question that infringed on Apple patents. The reason for the second trial is that the jury computed one damage amount per device even though some devices were ruled by the jury to have infringed on more than one patent. The whole damages part of the trial is as clear as the Hudson River; murky is a good word for it, which explains Judge Koh's decision.

Judge Lucy Koh

Judge Lucy Koh

A new jury will have to be selected for the new damages trial over the 14 devices which include the Samsung Galaxy Prevail, Samsung Gem, Samsung Indulge, Samsung Infuse 4G, Samsung Galaxy S II AT&T, Samsung Captivate, Samsung Continuum, Samsung Droid Charge, Samsung Epic 4G, Samsung Exhibit 4G, Samsung Galaxy Tab, Google Nexus S 4G, Samsung Replenish, and Samsung Transform.

Judge Koh also ruled that the damages trial will not start until Samsung's appellate proceedings are concluded. As a result of the order, Apple is now awarded $598.9 million for the trial, plus whatever the new jury sees fit to award for the 14 previously mentioned devices. Apple also is entitled to prejudgment interest at the 52 week T-bill rate and supplemental damages for the period between the jury verdict and the final order.

source: FOSSPatents
  

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1. nikenturd (unregistered) posted on 01 Mar 2013, 15:35 43 1

$450 million for infringing a color and a geometric shape patent still sounds ridiculous though. Samsung owes Appple no shyt.

3. PapaSmurf posted on 01 Mar 2013, 15:38 17

Exactly. Shapes and colors are reasons for suing another company. Do they not know that phones before the original iPhone had rounded corners? *cough* LG Prada *cough*

34. stealthd posted on 01 Mar 2013, 17:58 22

Yes, shapes and colors that make it obvious that something was copied are grounds for a lawsuit. Welcome to the real world.

And have you even seen the LG Prada? Those corners don't look very round.

44. nikenturd (unregistered) posted on 01 Mar 2013, 18:25 7

A common geometric shape and color cannot be patented, period, and you know that... the shape of a car is much much more intricate, a shape of a toilet bowl is a lot more intricate as well....the Coca Cola bottle was patented because of its unique shape and rightfully so....

48. stealthd posted on 01 Mar 2013, 18:34 18

You're absolutely right, common geometric shapes cannot be patented, which is why Apple doesn't have any patents on common geometric shapes.

53. PapaSmurf posted on 01 Mar 2013, 19:07 10

Are you done trolling or do you have more to tell?

65. darkkjedii posted on 01 Mar 2013, 19:33 16

Are YOU done trolling? iOS trolls android trolls... A trolls a troll papa troll.

93. lolioslol (banned) posted on 03 Mar 2013, 12:16

LMAO, what a loser

63. nikenturd (unregistered) posted on 01 Mar 2013, 19:29 8

then Apple has absolutely no right to own the rectangluar rounded corners, right?

75. rsxl5 posted on 01 Mar 2013, 22:25 1

Well, toilet bowl's shape can be patented.

There might be rumor anytime soon that iToilet is to be square shape with slightly rounded corners ;P

86. Aeires (unregistered) posted on 02 Mar 2013, 08:40

I believe the Coca Cola red is patented. In extremely rare cases, colors can be patented but black is not one of them and you have to prove you mixed the pigments to make a completely new color. Apple has no legitimate argument in their case over color.

51. weinerslav posted on 01 Mar 2013, 19:02 1

it seems very clear to me that you never hold one....

76. tuminatr posted on 01 Mar 2013, 23:09 2

I think its a silly argument, its like Chrysler sueing everyone else for copying the mini van.

Or like Kodak sueing everyone else who made a digital camera

or like kleenex sueing all other facial tissue makers

yes shapes are important but when it's just the way phones look its silly

4. PhoneArenaUser posted on 01 Mar 2013, 15:41 29 1

Has Apple Really Ever Invented Anything?

http://www.youtube.com/watch?v=wFeC25BM9E0

5. omar300 posted on 01 Mar 2013, 15:47 9

no they did make phones pretty but thats no invention. thats marketing.

10. darkkjedii posted on 01 Mar 2013, 16:20 12

They invented the settlement mr snitch

13. PhoneArenaUser posted on 01 Mar 2013, 16:30 12 1

Don't cry, troll. :D

25. darkkjedii posted on 01 Mar 2013, 17:37 1 9

I'm not you're the one on another apple article crying and moaning. Mr snitch.

33. PhoneArenaUser posted on 01 Mar 2013, 17:47 5 1

"I'm not you're the one on another apple article crying and moaning."

Sorry, but I don't understand what you just wrote...

"Mr snitch."

Don't cry. ;)

36. darkkjedii posted on 01 Mar 2013, 17:58 6

Sure you do mr snitch.

95. lolioslol (banned) posted on 03 Mar 2013, 12:20 1

"I know you are but what am I"

Jesus you are pathetic, grow up you joke of a man. What's next, going to tell us how your dad can beat up our dad? Maybe a mom joke or two?

32. PapaSmurf posted on 01 Mar 2013, 17:45 14 1

This has got to be the best post to show an Apple fan to show them they don't invent anything. They haven't innovated anything since 2010 with the iPhone 4.

62. applesauce posted on 01 Mar 2013, 19:21 5

That video made my Friday. Thank you!

77. tuminatr posted on 01 Mar 2013, 23:17 1

yes I believe they have, but most people have steve jobs distortion field amped up and think they invented more than they actually did. Listen apple is a good intagrater and they are good at getting people to adopt their technology. They are the are the best marketing company ever! they have also built a robust ecosystem for developers. For me its still the same question open or closed? open thank you!

88. procopiojose posted on 02 Mar 2013, 10:23

apple did invent the lockscreen with the amazing bypass security feature.. make your phone vulnerable as a baby inside a cage of hungry pedos..

94. lolioslol (banned) posted on 03 Mar 2013, 12:19 2

They invented patent trolling and hipsters

83. anywherehome posted on 02 Mar 2013, 03:37 1

Koh wants Samsung to pay more..... You will see......
iCon Company wants more for iConboards.....

87. PhenomFaz posted on 02 Mar 2013, 09:27

dont worry man...its a start and DAMN...Koh's on fire :)
sooner or later Koh should just wave the whole thing off...its good for business and justified!

90. procopiojose posted on 02 Mar 2013, 10:45

do you know the story why the thing on your throat is called an "adam's apple"?
guess who convinced adam and eve to bite that freakin fruit.....
clue: S____ (5 letter word)

2. PapaSmurf posted on 01 Mar 2013, 15:36 2 1

The end result still shouldn't be that much, but finally Judge John finally came to her senses and was smart enough to lower the jury award.

15. Hemlocke posted on 01 Mar 2013, 16:59 2 1

You don't seem to get that she vacated it because she found that they hadn't based their damages on ALL of the infringements or calculated ALL of the potential lost sales. The final figure will be higher, not lower.

24. jroc74 posted on 01 Mar 2013, 17:34 1

Really? After 2-3 patents were found invalid by the USPTO?

I find that hard to believe....

43. Hemlocke posted on 01 Mar 2013, 18:23

Go look at the full text and comments. There were more cases of willful infringement and many more devices added late. Samsung is going to get soaked.

55. PapaSmurf posted on 01 Mar 2013, 19:09 2

Some of the patents Apple is suing for are now invalidated and I wouldn't be surprised if more are found to be invalidated as well. We all have to just sit back and wait for the "Trial of All Trials" v2 to take place.

68. jroc74 posted on 01 Mar 2013, 19:44 2

I read all that. It isnt taking into account the patents that are now invalid.

Samsung isnt gonna get soaked.

8. _Bone_ posted on 01 Mar 2013, 16:07 5 3

Samsung will never ever EVER E_V_E_R pay a dime for Apple patents mark my words. EVER.

20. _Bone_ posted on 01 Mar 2013, 17:25 3 2

Ever!

21. _Bone_ posted on 01 Mar 2013, 17:26 3 2

Ever!!!

27. PapaSmurf posted on 01 Mar 2013, 17:38

Well that escalated quickly.

9. lyndon420 posted on 01 Mar 2013, 16:20 3 1

Good for apple...they need money badly. Poor poor fruit.

28. PapaSmurf posted on 01 Mar 2013, 17:39 1

Yeah because having billions of dollars in your bank account puts you in a position where you need money badly. Logic there is non-existent.

71. lyndon420 posted on 01 Mar 2013, 21:32

I was being too hap-hazardly with my sarcasm...my bad.

12. ama3654 posted on 01 Mar 2013, 16:28 2

As time goes on and the case progresses, they will realise all Apple patents are invalid and Samsung nor any other company will not pay a dime. In fact Apple just copy previous inventions from other companies, change a few things and patent them only at USPTO. They don't manufacture or produce a single component, shameless patent trolls!

14. techguy22 posted on 01 Mar 2013, 16:55

really still a lot of money but its still a good move by the judge.

23. _Bone_ posted on 01 Mar 2013, 17:27 1 1

It's a little more what Apple is paying for the Facetime fiasco, only they are ordered to pay while Samsung can still dismiss the ruling entirely based on impartial jury, forged evidence and common sense.

38. darkkjedii posted on 01 Mar 2013, 18:00 1 3

Thank you counsel. Lol

16. AamirSIII posted on 01 Mar 2013, 17:09

oh snap...

17. InspectorGadget80 posted on 01 Mar 2013, 17:13 3 1

looks like this STUPID JUDGE still on the greedy fruit side. WHY CAN'T U JUST SQUASH THIS CASE ALREADY ALL OF US ARE SICK N TIRED OF THIS B.S.

19. som posted on 01 Mar 2013, 17:25 1 1

Come on Judge make it Zero O award to Applebee. Now there a lot of companies copy Galaxy S3 shape and Samsung didn't care.

29. willard12 posted on 01 Mar 2013, 17:40

Now it goes to appeals court where they will knock off a another half. Apple is going to end up paying their lawyers a lot more than what they are going to get from Samsung. Considering that Apple owes VirnetX $368 million for their blatant copying, they could end up losing the patent wars they escalated.

37. nikenturd (unregistered) posted on 01 Mar 2013, 17:58 4 1

Their stocks plumetted to $430 right after the announcement, Ima bet those douchebags at Apple are grimacing right now

97. lolioslol (banned) posted on 03 Mar 2013, 12:29

I, for one, fully sipport apple in their patent trolling ways. They're only hurting themselves and what image they have left. Give it another 6 months of this bullsh*t and their stock will be at $150 a share. GO APPLE GO! SUE SUE SUE!!!

85. rusticguy posted on 02 Mar 2013, 06:27

Few Apple bots are mourning today :D :D

35. mafiaprinc3 posted on 01 Mar 2013, 17:58 1

dude again with this!!!!
need to stop this now,been going on too long

40. cheetah2k posted on 01 Mar 2013, 18:15 1

Koh is milking this for all its worth. I wonder how much she has been paid already for these farcical trials?

45. osmaankhaan posted on 01 Mar 2013, 18:25 1 1

Hahaha;-) In ur face apple.!!!

47. _Bone_ posted on 01 Mar 2013, 18:30 1

Okay, predictions: Apple to open @ $400 on Monday.

Over/Under?

50. Taters posted on 01 Mar 2013, 19:00 1

Only in America. Don't the US citizens find it disturbing that they live in the only country that awarded Apple anything for prior art? I personally would be ashamed/concerned and question US law.

This could also set a precedent where ZTE and Huawei stay out of the US market, limiting choice for US consumers. I know Fujitsu and Sharp will never release phones here because of pricks like Apple.

54. willard12 posted on 01 Mar 2013, 19:07

Other countries, like Germany, just give Apple injunctions and the bans that they want over prior art.

http://www.phonearena.com/news/Apple-scores-a-win-against-Motorola-in-Germany-on-overscroll-bounce-patent_id27574

56. avin007 posted on 01 Mar 2013, 19:10

Those money awarded,will help apple buy even more no. of patents....

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