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Apple points out possible $85M court error in order vacating Samsung damages

post #1 of 11
Thread Starter 
In a court filing on Tuesday, Apple claims Judge Lucy Koh made an error in vacating part of the $1.02 billion in damages awarded by the Apple v. Samsung trial jury, noting that two of Samsung's products look to be subject to the verdict.

As noted by FOSS Patents' Florian Mueller, Apple asserts that when Judge Koh vacated 40 percent of the $1.02 billion awarded by the Apple v. Samsung jury, the jurist believed part of the figure was granted based on an impermissible theory pertaining to "disgorgement of profits for design patent infringement" and an "aggressive notice date for all of the patents" presented by the Cupertino company.

Galaxy Infuse
Samsung's Galaxy S II AT&T (left) and Infuse 4G (right). | Source: Samsung


Apple claims that Samsung statements, as well as court evidence, show two of the Korean company's products were sold within the permissible period for design patent infringement, an assertion counter to Judge Koh's findings. If correct, the devices in question, Samsung's Galaxy S II AT&T and Infuse 4G, could restore a respective $40,494,356 and $44,792,974 to the original damages award.

Because the vacated $450 million requires a new trial with a new jury, Apple's motion, if successful, would remove the two devices from the 14 products for which a new determination is needed, concurrently adding to the existing 14 products found to be infringing on the company's design patents. This would bring the affirmed damages award to $685 million.

Looking at the public documents Apple's motion references, Mueller believes the company's theory is correct, but says the case against the Infuse 4G might be more complicated due to legal minutia and when the device was first put on the market.

He also points out the motion for reconsideration is currently conditional and would only move forward if Samsung's request for a partial final judgment is granted.

post #2 of 11

Rule #1: Don't point out to the court that they made a mistake, an action that would only serve to piss the Judge off, IYAM.

Why does Apple bashing and trolling make people feel so good?

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Why does Apple bashing and trolling make people feel so good?

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post #3 of 11
Quote:
Originally Posted by Dickprinter View Post

Rule #1: Don't point out to the court that they made a mistake, an action that would only serve to piss the Judge off, IYAM.

"The real haunted empire?  It's the New York Times." ~SockRolid

"There is no rule that says the best phones must have the largest screen." ~RoundaboutNow

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"The real haunted empire?  It's the New York Times." ~SockRolid

"There is no rule that says the best phones must have the largest screen." ~RoundaboutNow

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post #4 of 11
Quote:
Originally Posted by Dickprinter View Post

Rule #1: Don't point out to the court that they made a mistake, an action that would only serve to piss the Judge off, IYAM.

I'm not a lawyer, and I don't know how things work in a courtroom, but is the judge supposed to be in charge of a US courtroom or are they the commandant of a gulag?

 

If a court or a judge has committed an error, then people should obviously be free to point that out and set the record straight without any fear of reprisals.

post #5 of 11
Quote:
Originally Posted by Dickprinter View Post

Rule #1: Don't point out to the court that they made a mistake, an action that would only serve to piss the Judge off, IYAM.

That is why democracies allow for appeals.
post #6 of 11
I'm not convinced this judge know what she's doing.
post #7 of 11
post #8 of 11
Quote:
Originally Posted by Dickprinter View Post

Rule #1: Don't point out to the court that they made a mistake, an action that would only serve to piss the Judge off, IYAM.

 

The entire appeal process is a legally allowed telling  the judge you think he/she made a mistake. 

A non tech's thoughts on Apple stuff 

(She's family so I'm a little biased)

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A non tech's thoughts on Apple stuff 

(She's family so I'm a little biased)

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post #9 of 11
Originally Posted by charlituna View Post
The entire appeal process is a legally allowed telling  the judge you think he/she made a mistake. 

 

You can do that at any time otherwise. They just don't have to care unless it's a formal appeal. lol.gif

Originally posted by Marvin

Even if [the 5.5” iPhone exists], it doesn’t deserve to.
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Originally posted by Marvin

Even if [the 5.5” iPhone exists], it doesn’t deserve to.
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post #10 of 11
Quote:
Originally Posted by Dickprinter View Post

Rule #1: Don't point out to the court that they made a mistake, an action that would only serve to piss the Judge off, IYAM.

So, no need for appeals courts?

"Apple should pull the plug on the iPhone."

John C. Dvorak, 2007
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"Apple should pull the plug on the iPhone."

John C. Dvorak, 2007
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post #11 of 11
Quote:
Originally Posted by SolipsismX View Post

 
 
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Apparently, problems were experienced in the initial roll-out of "Google Now".

 

Cheers

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