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BUSINESS > Samsung’s bill in Apple case reduced by $450 mln

SAN FRANCISCO - The Associated Press

An employee holds Apple’s iPhone 4s (L) and Samsung’s Galaxy S III (R). The US district judge ruled to clear $450 million from the $1 billion verdict. REUTERS photo

An employee holds Apple’s iPhone 4s (L) and Samsung’s Galaxy S III (R). The US district judge ruled to clear $450 million from the $1 billion verdict. REUTERS photo

The two biggest and bitterest rivals in the smartphone market will have to endure another bruising trial after a federal judge ruled that jurors miscalculated nearly half the $1 billion in damages it found Samsung owed Apple Inc for patent infringement.

U.S. District Judge Lucy Koh wiped out $450 million from the verdict and ordered a new trial to reconsider damages related to 14 Samsung products including some products in its hot-selling Galaxy lineup jurors in August found were using Apple’s technology without permission. Koh said jurors in three-week trial had not properly followed her instruction in calculating some of the damages.

She also concluded that mistakes had been made in determining when Apple had first notified Samsung about the alleged violations of patents for its trend-setting iPhone and IPad.

“We are pleased that the court decided to strike $450,514,650 from the jury’s award,” Samsung spokeswoman Lauren Restuccia said.

Koh didn’t toss out the jurors underlying finding that two dozen Samsung products infringed patents Apple used to develop its iPad and iPhone products. The new jury will be tasked with only determining what Samsung owes Apple.

Apple declined to comment on the Koh’s ruling, which still did leave Samsung with a bill to just under $599 million. The judge said the tab will probably increase after the appeals of both companies are resolved.

Apple and Samsung have filed similar lawsuits in eight other countries, including South Korea, Germany, Japan, Italy, the Netherlands, Britain, France and Australia.

Apple is seeking more damages and Samsung a complete dismissal of the case in the U.S. Court of Appeals for the Federal Circuit, the Washington-based court that handles all patent appeals. The new trial to recalculate the damages could also increase the award.

Still, the ruling was the second significant setback in Koh’s courtroom since the headline grabbing verdict was announced.

March/04/2013

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Brian Irlanda

3/4/2013 11:40:49 AM

Apple are losing, not just cases but also the respect and confidence of the consumer with this constant sueing. The public see it as an attempt by Apple to limit customer choice. The fact is that Samsung are a more dynamic and innovative company than Apple. If this litigation continues it will be good press for Samsung, bad press for Apple. If Aplle concentrated more on developing new products rather than repackaging old ones it would be better. If not, they will soon go the way of Blackberry.
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