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 Müller 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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Joseph Keller

News Writer for Mobile Nations. Fascinated by the ways that technology connects us.

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Reader comments

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


OK I've got the popcorn ready. Let the flames be large & toasty on this post! Apple vs Samsung isn't dead just yet ;-)

Not sure why these clowns are flaming each other and are not on subject.

My comment is that Apple cannot get a fair decision from an Asian (descendant) judge when the decision is between an American company and Korea. Yes, I realize that Kho is probably Chinese.

The judge is actually Korean. But give me a break. The judge isn't bias. In fact some have hated her in Korea for being too "pro" Apple during the case. Whatever point you were trying to make, you would think race, ethnicity, or sex has no weight in the court room. This case is bad for both companies and the industry as a whole. I'm not an Apple fanboy nor an Android. I'm a fan of technology. Just let this case be over already. Apple should quit trying to win in the court room and go back to innovating. Maybe their stocks would rebound if they did. And no. Adding .5" to their screen and adding LTE to their premier product isn't innovating.

It's so hard to get people to look past the whole "Which OS is better debate" and see that this whole thing is ridiculous. It really irks me that Apple can't just say "Our sales are slipping. Let's figure out why, and fix it." Instead they take the pompous route and say "Our sales are slipping, people must not be able to tell Android phones from ours. Let's sue!" I started out with an iPod touch, and loved it. I just feel like the OS is stagnant at this point, it looks the same as it did 6 years ago, only the pixels are denser. That being said, I still feel like iOS is a great OS, it's just not really for me any more. I used to HATE Android, but tried out a Droid X2 with less than stellar results. The thing is that the OS had some really great features that you couldn't get with iOS (again for me), but it was, in fact, very buggy. To the risk of sounding biased and trollish, I recently got the Galaxy S3, and absolutely LOVE the phone. This hardware coupled with the latest Android software is the first real product giving iOS a run for it's money. Literally as it turns out... What gets me is that Apple wants to act like they are innovators, but they cower at the first real sign of threat in the marketplace. You can only stand on a chair and yell "FIRST!" for so long until people stop paying attention. It just doesn't seem like they are taking the risks necessary to compete. iOS will always have followers, because they ARE doing a lot right, and the OS is simple to use. Apple did start something with their launch of the iPhone. For every great advancement, there are going to be others that follow suit, you just have be able to compete with they come out with. You just can't make a smaller version of a monitor and claim that as your 'design'. Well, I guess it turns out you can, you just shouldn't... It's disheartening to see Apple fold and claim loss of sales because competition is finally catching up. I don't even recognize you any more Apple, who are you? Microsoft?

I currently swap between the iPhone 5 and the Nexus 4. Been an owner of an iPhone since the 2G and been a supporter of every Nexus phone as well. I cannot blindly support Apple and say they are doing the right thing. They really are becoming stale and not just in mobile OS. Mountain Lion seems like more of the same too.

You (well, unsurprisingly, Florian) left out the primary reason so many damages were set aside: because the jury awarded damages by ignoring clear pre-trial instructions from the Judge. Judge Koh, for example, said at least 4 times that utility patents were not sufficient to award damages, and yet the jury awarded damages for the Galaxy Prevail based solely on utility patents. From the order:

" it is apparent that the jury failed to follow the Court’s instructions on the law, and awarded damages based on a legally impermissible theory. This award cannot stand."

Judges will rarely, if ever, say a jury screwed up in such strong language. But here, they did.