Saturday, March 2, 2013

Judge vacates $450 million in damages from Apple vs. Samsung, orders new trial to re-determine amount

Judge cuts Apple's award from Samsung trial by $450 million

Judge Lucy Kho, the federal judge which presided over Apple vs. Samsung, has today vacated a little more than $450,514,650 from the over $1 billion judgement awarded to Apple at the end of that trial. Kho determined that the jury had made an error in calculating the damages owed from fourteen of the devices. Florian M?ller of FOSS Patents reports:

The $450 million amount corresponds to 14 Samsung products, with respect to which a new damages trial must be held because the court cannot make the adjustments it deems necessary for legal reasons: the jury set only one damages figure per product, but half a dozen different intellectual property rights were found infringed, resulting in a lack of clarity as to what portion of a per-product damages figure is attributable to a given intellectual property right.

Apple is still owed the rest of the damages awarded, over $500 million worth. all that?s to be re-determined is the damages, as the devices were still in violation of Apple?s patents. While Apple can expect to regain some of that with the new trial, or theoretically get even more, it seems most likely that Apple won't regain the the full $450 million.

Both Apple and Samsung continue to make appeals against judgements in this case that went against them, and we won?t hear the end of this trial for some time yet.

Source: FOSS Patents



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