The judge who oversaw the $1.05 billion patent infringement case between Apple and Samsung has slashed the damages in the case by $450.5 million and ordered a new trial, reports FierceWireless
U.S. District Judge Lucy Koh reduced the jury’s damage award by 43 percent, bringing it down to $598.9 million. To reduce the damages Koh removed certain devices from the order. In addition, Koh ordered a new trial to decide how much Apple should be paid for the devices that she cut from the damages.
Based on today’s order, Apple is entitled to the sum of:
- $598.9 million (the part of the jury’s damages award that stands)
- Whatever a new jury is going to determine as the appropriate damages figure with respect to the 14 Samsung products listed further above,
- Prejudgment interest at the 52-week Treasury bill rate, and
- Supplemental damages (for the period between the verdict and the final judgment) based on actual sales figures.
According to Judge Lucy Koh, “Because the Court has identified an impermissible legal theory on which the jury based its award, and cannot reasonably calculate the amount of excess while effectuating the intent of the jury, the Court hereby orders a new trial on damages for the following products: 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,” Koh wrote in her ruling.
Apple declined to comment. However, Samsung praised the ruling. “Samsung intends to seek further review as to the remaining award,” Samsung said in a statement, according to AllThingsD. “We are also pleased that the court earlier found that Samsung had not acted willfully, denied Apple’s request for a permanent injunction, and denied Apple’s motion for increased damages.”
