UPDATED 07:20 EST / NOVEMBER 22 2013

NEWS

Samsung to pay $290M more in damages to Apple

Last year, US District Court Judge Lucy Koh ruled that Samsung owed Apple $1.05 billion, after a jury determined that the South Korean company infringed five of Apple’s patents.  But that amount was soon reduced to $600 million after it was determined that the jury miscalculated the damages and called for a new jury trial.

Apple was seeking to get $380 million more from Samsung based on lost profits of about $114 million, Samsung’s $231 million in profits, and $35 million for reasonable royalties. Apple argued that it would have sold 360,000 more devices if Samsung did not release infringing devices. But Samsung argued that it only owed $52 million more in damages.

The jury made up of six women and two men ruled in favor of Apple, awarding it $290.5 million in damages based on computations involving the following devices: Captivate $21.1 million, Continuum $6.4 million, Droid Charge $60.7 million, Epic 4G $37.9 million, Exhibit 4G $2.4 million, Galaxy Prevail $22.1 million, Galaxy Tab $9.5 million, Gem $4.8 million, Indulge $9.9 million, Infuse 4G $99.9 million, Nexus S 4G $10.5 million, Replenish $3 million, and Transform $2.1 million.

“For Apple, this case has always been about more than patents and money,” Apple said in a statement.

“It has been about innovation and the hard work that goes into inventing products that people love. While it’s impossible to put a price tag on those values, we are grateful to the jury for showing Samsung that copying has a cost.”

Samsung of course was disappointed with the outcome, considering that one of the patents in question was deemed invalid by the USPTO.  The company tried everything to have the proceedings dropped, including filing for a mistrial, and a stay because of the USPTO findings, but both efforts were dismissed.

“While we move forward with our post-trial motions and appeals, we will continue to innovate with groundbreaking technologies and great products that are loved by our many customers all around the world,” the Korean company said in a statement.

The trial did not unearth new evidence, and the judge made it clear that proceedings would be focused on determining the amount Samsung still owed Apple, meaning that the findings of the previous trial should not come into play.

The trial may be over, but the battle is far from finished, as it is expected that Samsung will file for an appeal.  And as more devices come into play, we can expect that it will ignite new patent wars between the two giants.

“Today’s damage award was much larger than Samsung had argued for, but still significantly less than the $400 million vacated by Judge Koh after the first trial,” said University of Notre Dame Law Professor Mark P. McKenna, in a statement to Forbes.

“But this is surely not the end of this battle. We can expect Samsung to appeal, and for the PTO to continue to re-evaluate some of the Apple patents at issue.”


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