FOSS Patents reports that judge Lucy Koh has struck nearly half
of the $1 billion in damages awarded to Apple in its patent lawsuit
against Samsung last August, calling for a new trial to set revised damage
amounts for the affected portions of the judgment.
The $450 million
amount [struck from the damage award] 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.
Judge Koh agreed
with Samsung's lawyers that the jury had erred in some of its damage
calculations for the 14 affected Samsung products, meaning that a new trial
must be held to determine what the damages should be for those devices.
FOSS Patents notes that Apple remains entitled to nearly
$600 million in damages from the original judgement, as well as whatever a new
jury decides the damages should be for the 14 devices included in the retrial,
and interest. Apple is also seeking supplemental damages that have yet to be
determined.
The new trial
covering the 14 Samsung devices will likely not be heard until appeals of the
original ruling have played out, meaning that is likely to be some time before
any revised damages are decided. [MacRumors]
You can follow me on Twitter, add me to your
circles on Google+ or Subscribe to
me on facebook or YouTube. You can also
check my website and blog to keep yourself
updated with what is happening in the ever changing world of technology
No comments:
Post a Comment