The ruling last year that granted Apple over a billion dollars in a case against Samsung has been cut nearly in half. Apple’s patent award has fallen to $598.9 million, about $450.5 million less than before.
The decision was handed down by U.S. District Judge Lucy Koh, who presided over the trial between Samsung and Apple. She ordered a new trial to determine the proper amount owned to Apple for the devices for which she reduced the damages.
“When a Court detects an error in the jury’s damages verdict, the Court has two choices: the Court may order a new trial on damages, or the Court may reduce the award to a supportable amount,” Judge Koh wrote in her order.
Part of the order by Judge Koh wanted discussion of Apple’s argument that Samsung’s infringing devices caused it to lose profits. Important were how long Samsung’s infringing products disrupted sales, how much that hurt Apple, the timing of when Samsung had received notice that it was infringing Apple’s patents, and how many products were sold afterward.
The 27-page order also included the request by Apple for additional damages, arguing instead that the iPhone maker had not given enough evidence of lost profits to justify an increase in its award, and how neither company had cited enough case law to back up some of their claims. As such, the new trial will affect products that include Samsung’s Gem, Indulge, Infuse 4G and Galaxy SII.
Source: Online.WSJ.com
