Judge Koh rejects Apple's request to triple damages, says Samsung's infringement not willful

Judge Koh rejects Apple's request to triple damages, says Samsung's infringement not willful
Judge Lucy Koh on Tuesday night made some rulings on the post-trial motions that she heard last month from Apple and Samsung. One of the most important rulings was she made was to find that Samsung did not willfully infringe on Apple's patents. That means that the judge was forced to deny Apple's claims to triple the damages it was awarded. The judge also refused Samsung's request for a new trial. Samsung had argued that Jury Foreman Velvin Hogan had lied by omission when he failed to bring up a lawsuit he had filed against Samsung partner Seagate Technologies.
Judge Koh also ruled in favor of Apple when she invalidated a pair of claims Samsung filed on its U.S. Patent No. 7,675,941 for wireless data packet technology. She also denied Apple's motion for a ruling that its unregistered iPad/iPad 2 trade dress is protectable, infringed, and diluted; Koh ruled against Apple's request that she find that the Samsung GALAXY Tab 10.1 infringes the D’889 Patent and denied Apple's claim that the ’893, ’711, ’460, and ’516 Patents are invalid. She also shot down Apple's claim that Samsung is liable to Apple for breach of contract and antitrust violations coming from a breach of the ETSI IPR Policy.

Returning to the issue of whether Samsung willfully infringed on Apple's patents, the judge believed the Korean manufacturer when it said that it had thought that Apple's patents were invalid. Judge Koh believed that Samsung felt that it did not violate the law. Another interesting fact is that while the jury had found that Apple's multitouch patent ('915) was infringed on by a number of Samsung handsets running Android 2.2.1 or 2.2.2, it ruled that the Samsung Galaxy Ace (Android 2.2.1), Samsung Intercept (2.2.2) and Samsung Replenish (2.2.2, too) did not infringe on that patent. Samsung was hoping that this inconsistency could be rewarded with a new trial. But the 9th circuit has rules for this and while the judge noted the inconsistency, her hands were tied.

Judge Koh will be presiding over the sequel patent trial between Apple and Samsung which will take place in 2014.

source: AppleInsider, FOSSPatents



1. XPERIA-KNIGHT unregistered

I think samsungs "innocent" plea may be true but wheter you knew you broke the law or not,........ YOU STILL BROKE THE LAW........also in all honesty, both samsung AND apple seem to be in the wrong here..........One is "greedy" and the other likes to "copy" a greedy company therefore making them "greedy" as well So the Judge seems to be doing the "higher" thing by shutting them BOTH out of this silly ordeal and hopefully..........yes hopefully they can both learn to "change" their ways..

26. PhenomFaz

Posts: 1236; Member since: Sep 26, 2012

agree with you...the whole lawsuit thing is getting too much! But Apple has become really really greedy! Sammy has one star year against Apple...that's 2012 dethroning Apple as top smartphone seller and soon enough Apple wants to triple damages to cover its losses! Apple is just being a sore loser...its a damn shame its just a shell of a company it once was! I never expected Sammy to make it big in smartphones, they were always big in electronics though...and they have mended their ways...their prodcuts dont look anymore like Apple's so Sammy might have copied or not...honestly I didnt think the Galaxy S1 would make it big..but right now they have unique distinctive and great products that sell well! They're innovating on what they have and the results are showing.

42. sonyisdead

Posts: 30; Member since: Jan 30, 2013

Wow. I didn't know it was possible to be worse in logic than wendygarett.

45. HouTexan

Posts: 462; Member since: Jan 08, 2012

Every single company in the entire world uses and expands upon others ideas. You just sound like someone that's upset about his favorite company not being on top or something. That's the only explanation I have for this garbage statement. Every time I read the comments on articles, you're on here saying the same thing about Samsung, as if Sony doesn't "copy". Get over yourself.

2. Feanor

Posts: 1429; Member since: Jun 20, 2012

So true mate

3. joey_sfb

Posts: 6794; Member since: Mar 29, 2012

Now i really feel my money is well spent on Samsung Android devices. Thank you Samsung for giving us such a good show. Very high entertaining value both from the Android devices and court room drama. I wonder who owns the rights to this upcoming hot series J.Koh and the forbidden fruit! LOL!

5. XPERIA-KNIGHT unregistered

why do you feel good about spending your money on "stolen" ideas and designs?

20. tedkord

Posts: 17511; Member since: Jun 17, 2009

For the same reason an iPhone user feels good about its stolen features (LG Prada shape and capacitive screen, Neonode slide to unlock, Palm grid of icons, Android notification shade, wireless sync they stole from some kids who developed it as an app for the iPhone. All the Frand patents they still haven't paid a dime for.The list just goes on and on.

28. Hemlocke unregistered

Yes, Apple obviously stole the design from the Prada, which is why LG threatened to sue...then never did. Apple's patents predated the Prada, or else LG would have dragged Apple into the nearest court. As for the capacitive screen, Apple OWNS the multitouch patent, and LG does not.

38. jroc74

Posts: 6023; Member since: Dec 30, 2010

If thats the case.....why didnt Apple sue LG? I think its a lil more to that story than that...

43. jroc74

Posts: 6023; Member since: Dec 30, 2010

Remember this lil article during the Apple vs Samsung trial....many ppl might have forgot: http://www.phonearena.com/news/Samsung-trial-evidence-reveals-Apple-patting-itself-on-the-back-for-silent-presence-at-events-studying-the-competition_id33347 Date on the slides....feb 2006. LG Prada and Samsung F700 there... Look at that F700...and tell me why thats not an early version of the Galaxy S line. Look at the front of a Samsung Digital Photo Frame...and tell me why that cant be the early versionof the Galaxy Tablet. I hear so much copying claims from Apple fans.....yet they dont feel the iPad is taking design cues from that photo frame. And if you pull up some iPad designs from before that Phto Frame...why didnt Apple try to sue Samsung over that? Apple tried to sue Moto for the Xoom....for hardware designs. Put the thrusters on full reverse...and step out of Apple's field....

49. tedkord

Posts: 17511; Member since: Jun 17, 2009

Never mind the photo frame. The iPad is a shameless copy of the Knight Ridder tablet. Which, of course, Apple were shown several years before they came up with the iPad. I seem to remember something similar happening after a visit to Xerox Parc...

48. tedkord

Posts: 17511; Member since: Jun 17, 2009

LG did consider suing Apple over the iPhone. They decided against it because they felt that suing over shapes was a bit too douchey. Nothing is too douchey for Apple.

50. networkdood

Posts: 6330; Member since: Mar 31, 2010

Hemlocke, admit it - APPLE copies....

29. SleepingOz unregistered

Have you tried yoga yet, bro? It seems to me that you're more obssessed by Samsung now. Like I told you before, I know they made the best products out there according to professional tech reviewers but your fanboyism is going a lil bit too far..

4. gallitoking

Posts: 4721; Member since: May 17, 2011

Samsung has change their ways and wants to distance from Apple by making every product look like the S3. but bottom line.. it wasn't always like that.. TouchWiz origins, Galaxy tab and S2 are copy of Apple,,,

6. XPERIA-KNIGHT unregistered

yes and the move to the galaxy S3 was an indication that samsung KNEW they couldnt keep playing that game.....or else they would get caught

8. cripton805

Posts: 1485; Member since: Mar 18, 2012

Oh please. They dont look or resemble the iPhone at all. If I pick up a GS2 I wouldnt confuse it for an iPhone. Even if I was blind and had hold them. Lets not even get into the OS. If anything the only thing they have in common is the home button on the same spot. I doubt anyone bought a Galaxy instead due to this similarity.

14. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 2010

Actually, I suspect it will start looking like iToys copy Sammy's toys. Starting with the larger screen size.... Something tells me that 2013 won't be the best year for Apple.

23. sithvenger

Posts: 371; Member since: Aug 25, 2012

What about the gs1? Don't forget that it exists too. And looks a lot like the 3G/3GS.

27. big.e927

Posts: 94; Member since: Nov 21, 2012

But this isn't a lawsuit on just the S1, it's for everything that came out after it starting with the nexus, which is weird because it came with stock Android, nothing of Samsung's tampering. Anywho, if they were just targeting that one device (S1), it'd be a while totally different, but be as it may, and it isn't, then you sir; are wrong.

33. sithvenger

Posts: 371; Member since: Aug 25, 2012

It's about the galaxy line of devices. As well as other devices and patents

31. MartyK

Posts: 1043; Member since: Apr 11, 2012

What about the LG Prada?, you never mention how Apple stole its design from LG and Sony..why not?

35. sithvenger

Posts: 371; Member since: Aug 25, 2012

It's not about the prada but yes it inspired the iPhone...somewhat.

19. rusticguy

Posts: 2828; Member since: Aug 11, 2012

Innovating by Copying and Improving upon competitor's product is what Lean manufacturing is all about ...

21. tedkord

Posts: 17511; Member since: Jun 17, 2009

The S2 is as much a copy of the iPhone as the iPhone is a copy of the LG Prada.

24. sithvenger

Posts: 371; Member since: Aug 25, 2012


7. idroidequis

Posts: 103; Member since: Jan 23, 2013

They just both need to shut up and move on. Stop being little kids a decision was made now own up to your end and move on.

9. tiara6918

Posts: 2263; Member since: Apr 26, 2012

Never ending lawsuit between samsung and apple...here we go again

10. big.e927

Posts: 94; Member since: Nov 21, 2012

@xperia-knight I didn't think that I'd see.the day where we'd have yo disagree, but, let's get it over with... -sighs- Apple has been getting about 70 percent of the components that goes into the iPhone since the first one came out. For them to use similar it the exact piece of technology in their phones is within their rights because they do, in fact, MANUFACTURE the components in the first place. Ideas are a dime a dozen, as for the iconic "design" of the iPhone that is part of the lawsuit, it's stupid. Do you know why that is? The unique rounded edges, slim aluminum touch, the properly implemented screen aspect ratio of the iPhone... The.f**k do you expect Samsung to do, make a phone with the shape of a circle it a s**tty looking phone like the LG intuition? No man, phones keep evolving and only thing the Apple did was provide a new look for a phone. Everyone, I mean EVERYONE else took cues from the iPhone in one way it another. To say that Samsung stole from Apple although they sold them these things in the first place and to not use the.tech themselves would be a waste, it'd be the same as accusing musicians of stealing from others in terms of lyrics it a single pitch, to accuse a baseball player for swinging like another, accusing a soda company for using the same shape of a bottle. Bottom line is, once something new pops up it people so happen to gather what they already have and people use that idea and tweak it up abit, thus making it better than ever before and taking it to new heights? E v o l u t i o n. Trust me, sure as hell beats the hell out of sticking to the stagnant state of using "the same old thing" and moving towards "The next big thing". Moral of the story is, don't talk s**t about my brand...

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