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.

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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