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.
Thread beginning with comment 554048
To view parent comment, click here.
To read all comments associated with this story, please click here.
RE: Ah, damn.
by Nelson on Sat 2nd Mar 2013 00:27 UTC in reply to "Ah, damn."
Member since:

I bet Steve's rolling in his grave right now. Poor Apple, didn't get as much as they'd probably like through their cheap patent-trolling tactics. Maybe if they would stop blowing their money in the courtrooms over ridiculous patents and actually earn it through real innovation and quality products it wouldn't matter so much. I bet they're gonna be crying all the way home tonight.

This can still end rather badly from Samsung. This second case widens the scope of products implicated which could increase the amount of damages Apple gets. Given Samsung's past courtroom performance, I'm not entirely convinced this is a slam dunk for Samsung.

I caution you, and others on this website, from reading too much into it, considering that last time, a considerable number of people here got the entire trial wrong. Samsung is the severe underdog here, they have a definite uphill battle.

Edited 2013-03-02 00:45 UTC

Reply Parent Score: 3

RE[2]: Ah, damn.
by UltraZelda64 on Sat 2nd Mar 2013 00:54 in reply to "RE: Ah, damn."
UltraZelda64 Member since:

I'm not predicting the trial will go one way or another; I am mocking Apple's cheap tactics of using lawsuits to get $$$, and getting a cut from their original expected amount. After all--is money from Samsung not the whole point they are suing? So-called "damages," as they like to put it? The fact that so far they have seen the amount of profit in damages drop by half is on its own ironic, and worth laughing over.

They deserve it. Really, they deserve to be fined themselves and have the case thrown out for abusing the system and being pricks... and then locked out from doing it again through patent reform. But of course that's not going to happen any time soon. The least that can be done is gain amusement at their reduction of potential profit in their crummy patent lawsuits.

Reply Parent Score: 1

RE[3]: Ah, damn.
by Nelson on Sat 2nd Mar 2013 00:57 in reply to "RE[2]: Ah, damn."
Nelson Member since:

My point was that the reduction may not actually end up being a reduction. People get too hung up on procedural stuff and draw the wrong conclusions.

I think ultimately Apple will end up with a figure hovering around $1B. Remember that Apple has also appealed the triple damages aspect of this trial and has tried to get an exclusion order.

This is far from the last shot fired. Its like getting excited when Samsung got jury instructions striken. Its I guess nice at the moment, but you need to look at the bigger picture.

Edit: And yes, its about the money, but in a different way. Apple doesnt' need a billion dollars. They have 100 billion dollars. What they do need is the stigma and cloud of uncertainty that will arise over Android, and the import bans. Monetary compensation is secondary to all that.

This is a complex, multi trial, multi year, game of chess between two of the biggest companies in the world. Apple will lose some, Samsung will lose some, but its how it affects the larger picture that matters.

Apple is systematically trying to shut out Android, and damage the Samsung brand by associating them with being a copier, AND make it so OEMs think twice about licensing Android.

Edited 2013-03-02 00:59 UTC

Reply Parent Score: 7