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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RE[5]: Ah, damn.
by Nelson on Mon 4th Mar 2013 18:08 UTC in reply to "RE[4]: Ah, damn."
Nelson
Member since:
2005-11-29


Yet in spite of all the news about this trial, It really hasn't hurt Samsung one bit.


Keep telling that to yourself. These lawsuits are in their very nascent stages. This is all just legal boilerplate until the exclusion orders are extended.

Once Apple gets concrete excusion orders in a number of high end countries with some hard patents, then Samsung will feel the crunch. These import bans will be easily applicable to the 10 or 20 new phones that Samsung releases a month and will effectively shut Samsung out of segments of the market.

Samsung could put an end to this entire thing right now by taking a royalty bearing license from Apple (a rare olive branch that they don't offer everyone). I think they'll be more inclined to now that their SEP strategy has been neutered (they previously were holding out in an effort to avoid having to negotiate away their own patents, but that went no where). In fact, I wouldn't be surprised if Apple and Samsung come to an agreement before the year is out.

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