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

Posted: , by Alan F.

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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
  

97 Comments
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posted on 01 Mar 2013, 15:35 43

1. nikenturd (unregistered)


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

posted on 01 Mar 2013, 15:38 17

3. PapaSmurf (Posts: 8815; Member since: 14 May 2012)


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*

posted on 01 Mar 2013, 17:58

34. stealthd (Posts: 973; Member since: 12 Jun 2011)


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.

posted on 01 Mar 2013, 18:25 7

44. nikenturd (unregistered)


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....

posted on 01 Mar 2013, 18:34

48. stealthd (Posts: 973; Member since: 12 Jun 2011)


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

posted on 01 Mar 2013, 19:07 10

53. PapaSmurf (Posts: 8815; Member since: 14 May 2012)


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

posted on 01 Mar 2013, 19:33

65. darkkjedii (Posts: 12353; Member since: 05 Feb 2011)


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

posted on 03 Mar 2013, 12:16

93. lolioslol (banned) (Posts: 182; Member since: 10 Dec 2012)


LMAO, what a loser

posted on 01 Mar 2013, 19:29 8

63. nikenturd (unregistered)


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

posted on 01 Mar 2013, 22:25 1

75. rsxl5 (Posts: 65; Member since: 05 Sep 2012)


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

posted on 02 Mar 2013, 08:40

86. Aeires (unregistered)


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.

posted on 01 Mar 2013, 19:02 1

51. weinerslav (Posts: 126; Member since: 31 Jul 2012)


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

posted on 01 Mar 2013, 23:09 2

76. tuminatr (Posts: 685; Member since: 23 Feb 2009)


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

posted on 01 Mar 2013, 15:41 29

4. PhoneArenaUser (Posts: 5493; Member since: 05 Aug 2011)


Has Apple Really Ever Invented Anything?

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

posted on 01 Mar 2013, 15:47 9

5. omar300 (Posts: 183; Member since: 24 Jun 2012)


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

posted on 01 Mar 2013, 16:20

10. darkkjedii (Posts: 12353; Member since: 05 Feb 2011)


They invented the settlement mr snitch

posted on 01 Mar 2013, 16:30 12

13. PhoneArenaUser (Posts: 5493; Member since: 05 Aug 2011)


Don't cry, troll. :D

posted on 01 Mar 2013, 17:37 1

25. darkkjedii (Posts: 12353; Member since: 05 Feb 2011)


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

posted on 01 Mar 2013, 17:47 5

33. PhoneArenaUser (Posts: 5493; Member since: 05 Aug 2011)


"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. ;)

posted on 01 Mar 2013, 17:58

36. darkkjedii (Posts: 12353; Member since: 05 Feb 2011)


Sure you do mr snitch.

posted on 03 Mar 2013, 12:20 1

95. lolioslol (banned) (Posts: 182; Member since: 10 Dec 2012)


"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?

posted on 01 Mar 2013, 17:45 14

32. PapaSmurf (Posts: 8815; Member since: 14 May 2012)


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.

posted on 01 Mar 2013, 19:21 5

62. applesauce (banned) (Posts: 165; Member since: 26 Aug 2012)


That video made my Friday. Thank you!

posted on 01 Mar 2013, 23:17 1

77. tuminatr (Posts: 685; Member since: 23 Feb 2009)


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!

posted on 02 Mar 2013, 10:23

88. procopiojose (Posts: 132; Member since: 26 Oct 2012)


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

posted on 03 Mar 2013, 12:19 2

94. lolioslol (banned) (Posts: 182; Member since: 10 Dec 2012)


They invented patent trolling and hipsters

posted on 02 Mar 2013, 03:37 1

83. anywherehome (Posts: 971; Member since: 13 Dec 2011)


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

posted on 02 Mar 2013, 09:27

87. PhenomFaz (Posts: 1098; Member since: 26 Sep 2012)


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!

posted on 02 Mar 2013, 10:45

90. procopiojose (Posts: 132; Member since: 26 Oct 2012)


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)

posted on 01 Mar 2013, 15:36 2

2. PapaSmurf (Posts: 8815; Member since: 14 May 2012)


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.

posted on 01 Mar 2013, 16:59 2

15. Hemlocke (unregistered)


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.

posted on 01 Mar 2013, 17:34 1

24. jroc74 (Posts: 5192; Member since: 30 Dec 2010)


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

I find that hard to believe....

posted on 01 Mar 2013, 18:23

43. Hemlocke (unregistered)


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.

posted on 01 Mar 2013, 19:09 2

55. PapaSmurf (Posts: 8815; Member since: 14 May 2012)


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.

posted on 01 Mar 2013, 19:44 2

68. jroc74 (Posts: 5192; Member since: 30 Dec 2010)


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

Samsung isnt gonna get soaked.

posted on 01 Mar 2013, 16:07 5

8. _Bone_ (Posts: 2137; Member since: 29 Oct 2012)


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

posted on 01 Mar 2013, 17:25 3

20. _Bone_ (Posts: 2137; Member since: 29 Oct 2012)


Ever!

posted on 01 Mar 2013, 17:26 3

21. _Bone_ (Posts: 2137; Member since: 29 Oct 2012)


Ever!!!

posted on 01 Mar 2013, 17:38

27. PapaSmurf (Posts: 8815; Member since: 14 May 2012)


Well that escalated quickly.

posted on 01 Mar 2013, 16:20 3

9. lyndon420 (Posts: 1782; Member since: 11 Jul 2012)


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

posted on 01 Mar 2013, 17:39 1

28. PapaSmurf (Posts: 8815; Member since: 14 May 2012)


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.

posted on 01 Mar 2013, 21:32

71. lyndon420 (Posts: 1782; Member since: 11 Jul 2012)


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

posted on 01 Mar 2013, 16:28 2

12. ama3654 (Posts: 249; Member since: 27 Nov 2012)


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!

posted on 01 Mar 2013, 16:55

14. techguy22 (Posts: 227; Member since: 09 Aug 2012)


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

posted on 01 Mar 2013, 17:27 1

23. _Bone_ (Posts: 2137; Member since: 29 Oct 2012)


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.

posted on 01 Mar 2013, 18:00 1

38. darkkjedii (Posts: 12353; Member since: 05 Feb 2011)


Thank you counsel. Lol

posted on 01 Mar 2013, 17:09

16. AamirSIII (banned) (Posts: 187; Member since: 04 Oct 2012)


oh snap...

posted on 01 Mar 2013, 17:13 3

17. InspectorGadget80 (Posts: 6675; Member since: 26 Mar 2011)


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.

posted on 01 Mar 2013, 17:25 1

19. som (Posts: 768; Member since: 10 Nov 2009)


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.

posted on 01 Mar 2013, 17:40

29. willard12 (Posts: 863; Member since: 04 Jul 2012)


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.

posted on 01 Mar 2013, 17:58 4

37. nikenturd (unregistered)


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

posted on 03 Mar 2013, 12:29

97. lolioslol (banned) (Posts: 182; Member since: 10 Dec 2012)


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!!!

posted on 02 Mar 2013, 06:27

85. rusticguy (Posts: 2828; Member since: 11 Aug 2012)


Few Apple bots are mourning today :D :D

posted on 01 Mar 2013, 17:58

35. mafiaprinc3 (Posts: 345; Member since: 07 May 2012)


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

posted on 01 Mar 2013, 18:15

40. cheetah2k (Posts: 858; Member since: 16 Jan 2011)


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

posted on 01 Mar 2013, 18:25 1

45. osmaankhaan (unregistered)


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

posted on 01 Mar 2013, 18:30

47. _Bone_ (Posts: 2137; Member since: 29 Oct 2012)


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

Over/Under?

posted on 01 Mar 2013, 19:00 1

50. Taters (Posts: 3512; Member since: 28 Jan 2013)


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.

posted on 01 Mar 2013, 19:07

54. willard12 (Posts: 863; Member since: 04 Jul 2012)


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

posted on 01 Mar 2013, 19:10

56. avin007 (Posts: 139; Member since: 28 Feb 2013)


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

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