updated 07:22 pm EST, Fri November 15, 2013
Original jury had awarded Apple $114 million for the patents
Even as Apple senior executive Phil Schiller was telling the jury that Samsung's copying and infringement of Apple patents had hurt the reputation of the company, presiding US District Court Judge Lucy Koh ruled on Friday that Apple can't pursue damages due to lost profits on four of the five patents-in-suit. While "lost profits" is only a portion of the damages that can be awarded, the original jury in the first trial assigned around $114 million to Apple for the patents in question, leaving the company more likely to get less overall.
The new jury could, conceivably, award Apple more than it received last time for the remaining patent's lost profits, which would make up for the cut -- but Apple already opened the retrial on damages awards by asking for slightly less than the original jury awarded, and now this portion of the awarded damages for lost profits will hinge on a single patent, known as '915 or the "pinch-to-zoom" patent, AppleInsider reports.
Apple has argued that Samsung's infringement -- which is not being re-examined in this new trial -- cost it some customers and market position. Apple has asked the new jury for $380 million in damages, while Samsung has told the court that it admits to some infringement, but that the amount owed Apple is closer to $52 million. Judge Koh has said that the trial -- unlike the first round, in which larger issues and more products and patents were examined -- should wrap up testimony and final arguments by Tuesday.