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Forum nameHigh-Tech
Topic subject$1 billion? What? (swipe)
Topic URLhttp://board.okayplayer.com/okp.php?az=show_topic&forum=11&topic_id=266716&mesg_id=280722
280722, $1 billion? What? (swipe)
Posted by wallysmith, Fri Mar-01-13 04:17 PM
So no injunctions, no increased damages, and the judge stated that "the Court identified an impermissible legal theory on which the jury based its award". Like I've said above, Samsung was guilty of some, but not all, and it sounds like the retrial could result in lower damages for the balance (check the comments from Verge's contributing writer below the article).

Hopefully this will be the end of all the patent bullshit going on. The USPTO received a ton of attendants for both of its roundtables and real patent reform could actually be underway. This benefits us all, whether or not you want to believe it.

http://www.theverge.com/2013/3/1/4054458/judge-cuts-damages-owed-apple-down-to-598-million-in-samsung-trial

Judge Lucy Koh has just delivered a serious blow to Cupertino in the Apple v. Samsung legal saga, cutting the damages awarded to the company down to $598,908,892 — and ordering a retrial to determine new damages for the remaining balance. In a damages order this morning, Judge Koh stated that "the Court identified an impermissible legal theory on which the jury based its award," and as such was reducing the amount from the original $1.049 billion awarded to Apple in the trial's August verdict. Koh ordered that a new trial take place to determine new damages for the amount she cut — $450,514,650, to be precise — but said that she encouraged both sides to go through the appeals process with this order before proceeding straight to a new trial.

After the trial, both sides had filed various post-trial motions — Apple asked for more damages, while Samsung had requested a reduction or a new trial on the damages altogether. Koh did agree that Apple was owed some additional damages for sales of infringing Samsung devices that occurred after the end of the trial, but due to the number of outstanding issues said that this issue should wait until appeals in the case have been completed.

While the amount Samsung owes Apple has been reduced, Koh didn't declare that the jury was incorrect in assessing whether Samsung had infringed upon Apple's intellectual property; those decisions still stand.

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