Contending that the judge presiding over its patent lawsuit against
Samsung erred, Apple has asked that $85 million in dismissed damages be
reinstated.
In a March ruling in the landmark case, U.S. District Court Judge Lucy
Koh cut damages on some Samsung products found to infringe Apple's
patents, carving $450.5 million off the original $1.05 billion judgment
and calling for a new trial on the damages to recalculate them. However,
Apple has complained that Koh made a mistake in reducing at least part
of the damages by excluding two devices.
In an effort to get those damages reinstated, Apple filed a conditional
motion (see below) this evening with U.S. District Court for the
Northern District of California asking Koh to reconsider her order
granting a new trial on the jury-awarded damages she tossed related the
Galaxy SII sold by AT&T and the Infuse 4G. The motion also asks that
she reinstate $40,494,356 for the Galaxy SII and $44,792,974 for the
Infuse 4G.
Koh granted the new damages trial after determining that the jury
improperly compensated Apple for Samsung sales before April 15, 2011,
the date of Apple's original complaint. Both parties have already agreed
in a joint pretrial agreement that both Galaxy SII AT&T and Infuse
4G were sold after April 15, 2011, a stipulation Apple called "binding
and conclusive on the factual issue."
The patent infringement trial between Apple and Samsung ended
last August after the jury awarded Apple the $1.05 billion in damages.cnet
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