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Judge tosses four of five Apple patents for 'lost profit' damages

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.




by MacNN Staff

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  1. slapppy

    Fresh-Faced Recruit

    Joined: 03-23-08

    This is sickening. US court helping the foreign slavish copiers continue with their way while damaging home grown US company like Apple.

  1. iphonerulez

    Fresh-Faced Recruit

    Joined: 11-28-08

    Google, Android and Samsung have far more power than Apple. Android is the people's OS and Apple is considered an elitist and arrogant company. No way Apple can win anything worthwhile. Apple will lose this case faster than its mobile market share. Crime does pay and it pays off big when you've bribed the right people. Apple, once the 800 lb. gorilla is being made a monkey of by the Android triumvirate. Tim Cook and Apple just don't have what it takes to win.

  1. slboett

    Grizzled Veteran

    Joined: 05-13-99

    Crooked Korean judge? Impossible. Right.

  1. chas_m

    MacNN Staff

    Joined: 08-04-01

    "Tim Cook and Apple just don't have what it takes to win" -- oh really? When was that $1B judgement against Samsung handed down ... oh wait that was 2012. I guess Steve Jobs must have been still alive then. Oh wait, no he wasn't.

    This trial is about a jury re-deciding some $400M of that award -- it's not about determining Samsung's guilt, which has already been decided. At the end of this, Apple still gets somewhere between $700M and $1B depending on what the jury decides. How is this not "winning"?

    I agree that crime does pay (for Samsung), but Apple's losing nothing at this point and is no danger of losing anything in this retrial.

  1. b9bot

    Fresh-Faced Recruit

    Joined: 12-22-08

    Samdung copied Apple's patented products. So yes Apple is entitled to damages for the work, research, development, and production of such products. And you call Apple arrogant? Samdung is the arrogant one here. They even admitted it in court. Oh and Apple has been winning judgements just about all over the world on this. If you are going to comment at least have some facts straight when you do. RND costs a lot of money, copying doesn't. Samdung is in trouble for releasing confidential court documents to there colleges and then trying to use those documents to there advantage with other companies. This is arrogance at its highest!

  1. prl99

    Dedicated MacNNer

    Joined: 03-24-09

    What bothers me is the judge throwing out damages on four patents that were awarded by a jury. How can a judge change the results of a jury trial without going through the appeal process? Why do we even have juries if a judge can do this? She just doesn't want Apple to get anything. She's bent over backwards helping Samsung. So much for being an impartial judge. When will we see a judicial review on Judge Koh?

  1. chas_m

    MacNN Staff

    Joined: 08-04-01

    Prl99: my understanding is that Apple can still be awarded damages from the jury on these four patents in two other areas -- how much Samsung profited by stealing them, and lost licensing fees. Apple just can't claim lost profits on them.

  1. chefpastry

    Mac Enthusiast

    Joined: 11-14-05

    Originally Posted by iphonerulezView Post

    Google, Android and Samsung have far more power than Apple. Android is the people's OS and Apple is considered an elitist and arrogant company. No way Apple can win anything worthwhile. Apple will lose this case faster than its mobile market share. Crime does pay and it pays off big when you've bribed the right people. Apple, once the 800 lb. gorilla is being made a monkey of by the Android triumvirate. Tim Cook and Apple just don't have what it takes to win.



    It shouldn't matter how Apple is perceived by anyone. Law is law. If someone breaks it, they should be punished in one form or another.

    Tim Cook and Apple already won this lawsuit. These hearings are just to redetermine the damages owed.

  1. macman72

    Fresh-Faced Recruit

    Joined: 12-16-10

    With Judge Koh receiving a lot of heat as to why she is reducing how many patents that Samsung could be sued from, someone should video record her taking a call on her cell phone to see if she has a Samsung device. Samsung deserves to pay Apple for what they stole; and with the amount of patents that Apple were claiming and already dismissed, this case should be handled by another judge.

  1. Spheric Harlot

    Clinically Insane

    Joined: 11-07-99

    Originally Posted by macman72View Post

    With Judge Koh receiving a lot of heat as to why she is reducing how many patents that Samsung could be sued from, someone should video record her taking a call on her cell phone to see if she has a Samsung device. Samsung deserves to pay Apple for what they stole; and with the amount of patents that Apple were claiming and already dismissed, this case should be handled by another judge.



    Hasn't judge Koh already determined that Samsung owe at least $600 million PLUS whatever is being decided now?

    She's already ruled that Apple has won.

    This is just about by HOW MUCH they've won.

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