About that jury decision that found Samsung owed Apple over $1 billion for patent infringement, the judge on the case has decided to scrap nearly half of that—for now. Judge Lucy Koh has filed an order striking $450.5 million from the bill, leaving Samsung with a $599 million amount owed to Apple. While this might sound like a break for the Korean electronics giant, Judge Koh has ordered a second trial between the rivals for patent infringements on 14 other products. Samsung has more to lose in this new round, but for the glass half full types, it also gets a do-over.
That trial with a new jury and everything will determine damages for the Galaxy Prevail, Gem, Indulge, Infuse 4G, Galaxy SII AT&T, Captivate, Continuum, Droid Charge, Epic 4G, Exhibit 4G, Galaxy Tab, Nexus S 4G, Replenish, and Transform. Apple could get more, less, or the exact same than the $450.5 million it lost in the first round. In addition, Koh could award Apple or Samsung additional money for sales lost. The judge however has indicated that she might not reward these in this case, writing: "The Court is not aware of, any cases squarely addressing the issue of whether supplemental damages are appropriate for an award of infringer’s profits made under § 289." None of that will happen until the final verdict, according to patent law expert Fluerian Mueller, who also posted the filing below on Scribd. After that, interest will bump the figure up. And then, even after that, Samsung will likely appeal the case, possibly pushing it all the way to the Supreme Court, says the AP. In other words, this figure is far from final.
This article is from the archive of our partner The Wire.