Linked by Thom Holwerda on Fri 1st Mar 2013 22:20 UTC
Legal Judge Lucy Koh has almost halved the $1 billion in damages the jury awarded to Apple. "Koh found two main errors in the way the jury calculated the damages awarded to Apple. They used Samsung's profits to determine the amount the company owed for infringing some of Apple's utility patents - a practice only appropriate when calculating damages owed when design patents have been infringed. They also erred when calculating the time period Apple should be awarded damages for. Koh explains that Apple was only due damages for product sales that occurred after Cupertino informed Samsung of its belief that the violations were taking place." It's almost as if the bunch of random people in this jury had no clue what they were doing in what is possibly the most complex patent trial in history.
Permalink for comment 554043
To read all comments associated with this story, please click here.
Confused
by M.Onty on Fri 1st Mar 2013 23:47 UTC
M.Onty
Member since:
2009-10-23

Can anyone explain to me why it was the jury's job to decide the level of damages that should be awarded? I would have thought it was their job to decide whether or not Samsung had infringed each of Apple's patents in turn, and then the judge's job to work out the exact damages, if any. That how it works in criminal courts, after all.

Reply Score: 3