Friday, March 01, 2013

(BN) Apple Award Cut With New Trial for Some Samsung Products

(Bloomberg) Apple Inc. (AAPL)'s $1.05 billion victory against Samsung Electronics (005930) Co. in a patent infringement case was cut almost in half by a judge who ordered a new trial for some Samsung products.

U.S. District Judge Lucy Koh in San Jose, California, today reduced the jury's damages award by $450.5 million and said Samsung deserves a new trial on infringement claims over its Galaxy Prevail and other smartphones. Koh rejected Apple's request to enhance the jury's award, saying the amount Samsung owed was heavily disputed and the jury wasn't bound to accept either side's damages estimate.

"It is not the proper role of the court to second-guess the jury's factual determination as to the proper amount of compensation," Koh said in her ruling.

Apple is entitled to additional damages for sales of infringing products that weren't considered by the jury, Koh ruled, saying she intends to calculate the amount beginning on Aug. 25, the day after the jury reached its verdict. As the case has been appealed, Koh said she would delay considering evidence of actual post-verdict sales and pre-judgment interest until the appeals are completed.

Koh encouraged both companies to seek appeals court review of her today's order before any new trial.

Samsung and Apple, the world's two biggest smartphone makers, have each scored victories in patent disputes fought over four continents since Apple accused Asia's biggest electronics maker of "slavishly copying" its devices. The companies, competing for dominance of a global mobile-device market estimated by researcher Yankee Group at $346 billion in 2012, are fighting over patents even as Apple remains one of Samsung's biggest customers.

Apple spokesman Tom Neumayr and Samsung spokesman Adam Yates didn't immediately return e-mails seeking comment on the ruling.

The case is Apple Inc. v. Samsung Electronics Co. Ltd., 11- cv-01846, U.S. District Court, Northern District of California (San Jose).

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