View this article at: http://www.electronista.com/articles/13/03/27/reversal.would.put.intact.damages.at.685.million/
Wednesday, Mar 27, 2013 9:36am
Apple claims $85M mistake in vacating damages v. Samsung
Judge Lucy Koh made a significant mistake in vacating part of the damages from an Apple court victory against Samsung last year, the former party alleges in a filing submitted yesterday. The court document suggests that part of the damages were vacated based on a disallowed theory related to "disgorgement of profits for design patent infringement" and an "aggressive notice date for all of the patents" presented by Apple, according to FOSS Patents.

Apple insists that court evidence and Samsung statements show that two devices, the Galaxy S II AT&T and Infuse 4G, were sold within an allowed period for design patent infringement. The pair could restore $40,494,356 and $44,792,974 to the non-vacated damages, respectively, contributing to a total of $685 million. The original 2012 court verdict hit Samsung with $1.05 billion.

Reversing the products' status would also pull two devices out of the 14 expected to be subject to a new trial and jury because of the vacated damages. Apple's motion is conditional, though, and will only go ahead if the court grants a Samsung request for a partial final judgment.