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.
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Comment by shmerl
by shmerl on Mon 4th Mar 2013 03:58 UTC
shmerl
Member since:
2010-06-08

What about appealing the claim on prior art again? The jury dismissed it with completely bogus reasoning which doesn't make any sense.

Reply Score: 2

RE: Comment by shmerl
by Nelson on Mon 4th Mar 2013 18:40 in reply to "Comment by shmerl"
Nelson Member since:
2005-11-29

They can present the evidence again during pre-trial discovery. Hope they're not a month late this time.

Samsung needs better lawyers. The ones they had for this trial are incompetent. Anyone who even took a cursory look at the discovery phase new that Apple had this one in the bag (And many of us echoed that sentiment, to great downvoting)

Reply Parent Score: 2

RE[2]: Comment by shmerl
by jared_wilkes on Tue 5th Mar 2013 04:29 in reply to "RE: Comment by shmerl"
jared_wilkes Member since:
2011-04-25

No, they cannot. The new trial is only on the award for the infringements. The infringements stand.

Reply Parent Score: 2