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Judge lowers damages due by Samsung to Apple
2013-03-04 08:49:00| Telecompaper Headlines
(Telecompaper) The USD 1 billion in damages awarded to Apple in its patent suit against Samsung has been cut nearly in half and a new trial ordered to fix the amount. US district judge Lucy Koh said the new trial will deal with 14 Samsung products where she found the jury had based its award on an "impermissible legal theory", the Financial Times reports. Koh reduced the damages won by Apple by 43 percent to USD 599 million. The second trial over the 14 products could still result in a lower or higher figure. In January, the judge refused Apple's request to increase the damages award. The judge said the jury had awarded a consistent percentage of damages based on the calculations of Terry Musika, an Apple expert witness. However, some of the awards, such as USD 58 million for profits on the Samsung Galaxy Prevail smartphone, were not a legally permissible remedy for the type of patent infringement that occurred. The jury had failed to follow the judge's instructions on the law, so these awards could not stand and a new trial was needed to reassess them. Awards for a further five devices, including the Galaxy Tab, Nexus S 4G and Transform, were flawed because they were made based on incorrect dates for when Samsung was given notice of patents it was infringing.
Tags: due
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Category:Telecommunications
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