Apple says Judge Koh's revised damages figure is $85 million off

Apple says Judge Koh's revised damages figure is $85 million off
Just as this month started, Apple was hit with some bad news. Judge Lucy Koh had vacated $450 million of the $1.05 billion that Apple was awarded by the jury at the conclusion of the epic patent trial between Apple and Samsung. Koh wasn't simply taking money out of Apple's hands, she was merely ordering a second trial to determine the amount of money that Apple should have been awarded for 14 Samsung devices that allegedly infringed on Apple patents.

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.

source: AllThingsD



1. TechBizJP08

Posts: 495; Member since: Mar 25, 2013

Now they are after the money. Not the sales ban. LOL

7. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 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: 250; Member since: Jun 26, 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: Dec 22, 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: 250; Member since: Jun 26, 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.

22. rusticguy

Posts: 2828; Member since: Aug 11, 2012

Jobs was good with his RANTS.

24. TechBizJP08

Posts: 495; Member since: Mar 25, 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: 411; Member since: Jul 31, 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: Dec 13, 2011

Apple = Greedy itself.....just an iConboard with limited users

2. ama3654

Posts: 295; Member since: Nov 27, 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: 2383; Member since: Jul 18, 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: Aug 11, 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: 6023; Member since: Dec 30, 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: 250; Member since: Jun 26, 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: 6794; Member since: Mar 29, 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

Posts: 5629; Member since: Mar 08, 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: 17397; Member since: Jun 17, 2009

Actually, the award is about $550 million off. On the high side.

15. piyath

Posts: 2445; Member since: Mar 23, 2012


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: Jan 16, 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.

20. Rayvelynn

Posts: 124; Member since: Jul 05, 2012


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