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2008: Decision Year for RIAs - October 20-22, 2008 San Jose

Court Cuts Historic Apple Award; Orders New Trial
Apple gets to keep roughly 60% of one of the largest awards ever made but will have to fight to get the rest

A US district court judge Friday slashed the $1.05 billion award granted Apple last August by a jury that found Apple's great nemesis Samsung copied Apple's mobile widgetry. Apple's stock thereupon fell.

The court has ordered a new trial to decide exactly what Apple should get.

District Court Judge Lucy Koh doesn't think the trial will begin before the companies' appeals are resolved and may not determine exactly how to calculate the damages.

It's not clear that Apple still won't get the remaining $450,514,650 or more. And Apple also wants more damages than the jury gave it.

Apple gets to keep roughly 60% of one of the largest awards ever made but will have to fight to get the rest, which Koh claims was granted on incorrect legal theory.

Samsung said, "We are pleased that the court decided to strike from the jury's award. Samsung intends to seek further review as to the remaining award." It means to seek further review.

For its part Apple had nothing to say.

Koh decided the jury incorrectly calculated part of the damages and that a new trial has to decide the final dollar amount based on 14 devices.

The jury's award to Apple on 14 other products, totaling almost $599 million, stands.

The + court said the widgetry yet to be decided includes Galaxy Prevail, Gem, Indulge, Infuse 4G, Galaxy SII AT&T, Captivate, Continuum, Droid Charge, Epic 4G, Exhibit 4G, Galaxy Tab, Nexus S 4G, Replenish and Transform. Samsung may have to pay pre-judgment interest.

Koh said, "The court has identified an impermissible legal theory on which the jury based its award and cannot reasonably calculate the amount of excess while effectuating the intent of the jury." She said the jury didn't follow her instructions and based its judgment on Samsung's profits.

Samsung's Gem, Indulge, Infuse 4G and a Galaxy S II sold by AT& T will determine what damages Apple should will be awarded for each product.

In December, Koh refused to give Apple a sales injunction against Samsung widgets because she said Apple failed to prove the allegedly stolen technology is what drove consumers to buy Samsung products instead of Apple iPhones or iPads. Apple has appealed that decision.

Apple filed another lawsuit last year accusing Samsung's newer widgets of infringing its patents. That case was scheduled to be heard next March although the judge now wants to wait until all appeals are heard.

About Maureen O'Gara
Maureen O'Gara the most read technology reporter for the past 20 years, is the Cloud Computing and Virtualization News Desk editor of SYS-CON Media. She is the publisher of famous "Billygrams" and the editor-in-chief of "Client/Server News" for more than a decade. One of the most respected technology reporters in the business, Maureen can be reached by email at maureen(at) or paperboy(at), and by phone at 516 759-7025. Twitter: @MaureenOGara

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