Judge slashes Apple's court win against Samsung by $450 million

[phaZed]

Today,

The jury that awarded a massive $1.05 billion in damages to Apple used flawed damages theories for half the products that were found to infringe Apple's trademarks and patents, a judge ruled today (PDF).

The ruling by US District Judge Lucy Koh removes some of the sting from the giant verdict, which would have been the largest patent verdict in history if it had stood. Of the 28 infringing products, Koh has ordered a new damages trial to be held on 14 of them "ecause the Court has identified an impermissible legal theory on which the jury based its award and cannot reasonably calculate the amount of excess."

http://arstechnica.com/tech-policy/2013/03/judge-slashes-apples-court-win-against-samsung-by-450m/

Previosuly, Jan 30th

For Apple: No more damages, for patents or trademarks

Finally, Apple also asked for a $400 million bonus on its verdict for the trademark part of its case. Koh made clear that legal precedent gives her authority over whether to award any enhancement here, and she decided to give Apple nothing. The "trade dilution" theory that Apple won on is "a doctrine at the outer reaches of trademark and trade dress law," notes Koh, and Apple already received a massive award of $382 million for the trademark part of its case. "Further, Apple is making two inconsistent arguments: first, that money cannot compensate Apple for the harm its lost market share may cause going forward, and second, that the Court should award $400 million to compensate Apple for lost market share," notes Koh in her final order of the day [PDF]. "If an amount cannot be calculated to compensate for this loss, then it is unclear why $400 million would be an appropriate award."

http://arstechnica.com/apple/2013/0...ng-orders-are-out-no-extra-damages-for-apple/

 

[1aComputerServices]

Right on. I don't want to start a flame war so I will keep my other opinions to myself.