Samsung worried second damages trial could see Apple extract north of $1 billion

By , Mar 30, 2013

Apple v Samsung trial sign

As you know, United States District Judge Lucy Koh shaved $450 million off the $1.05 billion verdict the jury handed to Apple in the high-stake Apple v. Samsung patent trial last August, citing “an impermissible legal theory.” She ordered a new trial for the remaining fourteen Samsung products and Nokia – of all companies – filed a brief with the appeals court on behalf of Apple, claiming Judge Koh got it all wrong. And in the latest twist to the ongoing legal saga, the South Korean conglomerate in court documents expresses worries that the second damages trial could see Apple win even more than before…

Whether or not the new trial results in a figure that is lower or higher than the $1.05 billion August 2012 verdict is up for speculation, but Samsung’s filing surely signals fear over its outcome.

According to patent blogger Florian Müeller’s post on his blog, FOSS Patents, a new Samsung filing confirms “Apple can seek even more damages in the new trial” because the first jury granted Apple only about 40 percent of what the court allowed it to present as a damages claim.

So what happens next?

There are three possible outcomes.

First, in which “the vacated amount of $450 million can theoretically be lost in its entirety,” Müeller assesses, noting such a scenario is “rather unlikely”.

Second, that $450 million may be lost in part (“far more likely”) or, third, it could also be replaced “with a greater amount,” he writes.

he total damages award “could  be substantially greater”, he opines.

Even after all of the necessary adjustments Apple will still be able to demand far more than $450 million with respect to the 14 “vacated damages” products. 

What Apple has at this moment is the $600 million part of the verdict which stands – unless, of course, the appeals court overrules Judge Koh’s ruling, which isn’t very likely at this point.

The second damages trial will involve the following Samsung gizmos: the 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.

Note that these products are mostly outdated, but such is the nature of our slow-paced legal system.

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  • Bob

    That’s right, be afraid, be very afraid, we’re coming for you! muahahahaha! (Evil Laugh)

  • Falk M.

    Oh snapples…

  • M Last

    why no worry? if you know copied everything that could

  • http://www.facebook.com/micaiah12 Micaiah Martin

    Samsung is thinking “Ohhh Crap”

  • Manuel Molina

    Sucks, as that pre-order number and 250 a pop for a phone will be going to Apple it they seek more money. It’s ironic, as Samsung stole Apple’s ideas, so the phones they now sell at high-demand will go to Apple’s pocket. Isn’t life funny?

  • moofer

    Looks like they’re capable of copying everything but innocence. I hope those thieves have it stuck to them. HARD.

    • http://www.facebook.com/tafk1 Taf Khan

      They Samesung deserve to get shafted.. Bigtime!

  • http://twitter.com/sl0wCydia0101 Cydia is sl0w

    SAMSUNG SUCKS!!!!!!!!!!!

    • http://www.facebook.com/joe.jonsen Joe Jonsen

      thank you !!!!

      • Kurt

        You two lovers at it again?

  • http://www.facebook.com/joe.jonsen Joe Jonsen

    its really time for samsung to go to hell

  • Kurt

    Why didn’t samsung have the case moved to another part of the US? How in the world did they expect a fair trial 15 min drive from Apple’s head quarters? Idiot lawyers

    • felixtaf

      So, if the trial court is far away from Cupetino, then it means Samsung never copied anything from Apple???

      • Kurt

        It would have been a very different case. Apple would have lost also. As they both lost in South Korea just days prior.

      • BenjaminDews

        South korea would have no problem corrupting the legal system to protect one of their greatest economic assets.

      • Kurt

        -1
        The past doesn’t support your conspiracy theory. They both had products banned in Korea just days before apple won and were found not to have fringed on any patents. Looks like my country of USA is the one protecting their