Lucy Koh (headshot 003)

United States District Judge Lucy Koh who oversees the Apple v. Samsung blockbuster trial, dropped a bombshell on Friday. Citing “an impermissible legal theory”, she announced a drastic decrease of the $1.05 billion verdict from August 2012 by $450 million, leaving “poor” Apple with a rather “paltry” $599 million. She has also denied Apple’s request for an increase in damages and ordered a new trial for fourteen outdated Samsung products…

Koh (that’s her on the right) wrote in the ruling obtained by AllThingsD that 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 ordered a new trial on damages for the following Samsung products: 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.

Most of these devices are already outdated.

Koh determined the jury improperly calculated the damages by wrongly calculating the period Apple should be awarded damages for and by calculating damages based on Samsung’s profits, a formula applicable only when design patents have been infringed.

Bloomberg has more:

Koh rejected Apple’s request to enhance the jury’s award, saying the amount Samsung owed was heavily disputed and the jury wasn’t bound to accept either side’s damages estimate.

“It is not the proper role of the court to second-guess the jury’s factual determination as to the proper amount of compensation,” Koh said in her ruling.

The Wall Street Journal has another quote from Koh’s ruling:

When a Court detects an error in the jury’s damages verdict, the Court has two choices: the Court may order a new trial on damages, or the Court may reduce the award to a supportable amount.

A court document pertaining to the damages order can be downloaded as PDF here.

Desing comparison (iPhone 3GS vs Samsung Galaxy S)

Koh also ruled Apple is entitled to additional damages for sales of infringing Samsung products that weren’t considered by the jury. That amount will be calculated beginning on August 25.

After Apple won a $1.05 billion verdict in August 2012 against Samsung, the company sought to permanently ban some outdated Samsung phones, but Koh rejected the request.

The $450 million stricken from the Apple-Samsung damages award were only vacated.

It’s up to a second trial to determine the final damages amount, explains patent blogger Florian Müeller, amusingly adding the final damages “could still be above $1 billion, or it could be less.”

A certain search firm must be laughing because the Apple v. Samsung fight has been regarded as a proxy war between Apple and Google.

  • Samsung bought it. LOL . DON’t make judge ,who is from america or asia. Make from span,african. It will be Bias

    • Ben

      I think you would make a good judge from “span”.

      • I didn’t get you. Whatever man . I was just expressing my view guys. Right to express person opinion is a thing “Without violating others right”. It’s not feasible these days. Anyway What i meant above was Judge should not be bias towards any company whether it’s apple or Samsung. Make someone who is neutral. even if he/she is neutral “People like so called “me” and other will ask question. This is so arbitrary and come to think about it,Doesn’t even make sense to me. 🙂
        No pun intended.

      • Ben

        Lol, it was a joke. Sorry!

    • all humans can be

    • tim

      yeah, and apple bought all the caucasian judges, damn straight you are sir biken

  • iDevizes

    Is this judge also working for Samsung in the near future?

    • Err… Could she be Korean?

      • Kurt

        Before the trial began Judge Koh stated the the
        Galaxy 10 tablet was in clear infringement, only to have the jury find zero infringement for that tablet.

    • felixtaf

      She read the news yesterday about Sir Robin Jacob!

  • LOL JUDGES STAND TO make millions and lawyers too the longer these bs cases drag around in the damn

  • kumar714

    soon to be hired by samsung

  • Basharat Ali

    Why this IDB show the judge picture to us. Just to tell us that she look like Korean. Why they did not show the pictures of previous judges. This site is totally biased. Secondly, I think judge did not read the whole case or she is not using the smartphones, otherwise she will waived the total amount from Samsung. Apple is playing complete fouls.

    • tim

      of course this site is biased. its an apple blog. over on samsung and android blogs, youll have the writers dissing the crap out of apple

      • Basharat Ali

        In my thinking site itself should not b biased.
        But bloggers can say anything.
        Anyway I want this war over. What’s this patents war. Just u r jealous of other companies.
        For your information I m using iPhone 5 with iPad thru msc book air. I can’t go to any other OS. but apple must stop this now.

  • tim

    a win for common sense. ever ask yourselves why car companies dont sue the balls out of eachother because they both have a 5 door hatch? because that design makes sense. its too logical. i cant believe apple have won patents for the look of the ipad..a rectangle with rounded edges. LITERALLY WTF

    • Mustang5Oh

      It’s one thing to make a 5 door hatch as you say and another to blatantly make it almost identical.

      • tim

        go and have a look at the patent infringements apple won in the US recently..they’re a joke. and the one that sticks in my mind the most that I will say they took (Samsung would say got inspiration) iOS, is the ‘elastic band’ effect. but apple should have never ever ever ever won a patent for something so so simple. it’s too logical. this whole thing is a joke

  • erm…judge is half korean if i rem what i read… this is not unexpected….Samsung family is powerful in Korea, they can do anything they want

  • john

    Oh how typical.
    A judge that looks like a korean waves 450 million off a korean company’s debt and apple fanboys say she is “part of samsung”. If so, then i could say so for all judges in the world? And all foreigners are one day gonna screw up america? For fks sake give some concrete evidence before blaberring nonsensical claims. I’m not even gonna bother looking at replies or the amount of dislikes just because I know how much apple fanboys will hate this post.
    Anyway, is 450million that much to apple? Its a peanut to them, i guess. They can earn it in less than a month…

    • Kurt

      During pre trial hearings, during the trial and after the trial up until his point. apple fanboys have loved her because she was ruling unfairly in Apples favor. But now, it’s all forgotten.

  • maverickmax

    Obviously ….so Korean of her..I mean look at her face 0%american