Judge lowers Apple's $1 billion Samsung award, orders partial retrial

Apple and Samsung will have to start a new trial to determine some of the damages in the case

A judge has ordered a partial retrial in Apple's patent lawsuit against Samsung in California, and has cut hundreds of millions of dollars from the $1 billion in damages that Apple was awarded last summer.

Judge Koh, in an order published Friday, determined that the jury applied an "impermissable legal theory" when calculating the damages Apple should receive for Samsung's infringement of its patents.

Koh has struck about $450 million off of Apple's award and ordered a retrial to determine the correct damages related to about a dozen of the Samsung smartphones and tablets that were at issue in the trial.

She let stand Apple's damages award of $598 million for another 14 of the products.

The order doesn't mean Apple won't receive more than the $598 million, but it will have to go back to court to see how much money it can get.

The jury originally awarded Apple $1.05 billion for Samsung's violation of its patents, but Samsung asked for a retrial, arguing that some of the award was improperly calculated.

At issue is the date on which Apple notified Samsung that it was infringing some of its patents. Apple set that date too early in some cases, Koh said, which means the resulting damage calculations were too high.

Apple could have avoided the problems, Koh suggested.

"[I]t was Apples strategic decision to submit an expert report using an aggressive notice date for all of the patents. The need for a new trial could have been avoided had Apple chosen a more circumspect strategy or provided more evidence to allow the jury or the Court to determine the appropriate award for a shorter notice period," she wrote.

James Niccolai covers data centers and general technology news for IDG News Service. Follow James on Twitter at @jniccolai. James's e-mail address is james_niccolai@idg.com

Join the newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.

Tags smartphonesApplelegalconsumer electronicsintellectual propertypatentCivil lawsuitsSamsung Electronics

Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

James Niccolai

IDG News Service
Show Comments

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Tom Pope

Dynabook Portégé X30L-G

Ultimately this laptop has achieved everything I would hope for in a laptop for work, while fitting that into a form factor and weight that is remarkable.

Tom Sellers

MSI P65

This smart laptop was enjoyable to use and great to work on – creating content was super simple.

Lolita Wang

MSI GT76

It really doesn’t get more “gaming laptop” than this.

Jack Jeffries

MSI GS75

As the Maserati or BMW of laptops, it would fit perfectly in the hands of a professional needing firepower under the hood, sophistication and class on the surface, and gaming prowess (sports mode if you will) in between.

Taylor Carr

MSI PS63

The MSI PS63 is an amazing laptop and I would definitely consider buying one in the future.

Christopher Low

Brother RJ-4230B

This small mobile printer is exactly what I need for invoicing and other jobs such as sending fellow tradesman details or step-by-step instructions that I can easily print off from my phone or the Web.

Featured Content

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?