Subscribe free to our newsletters via your
. Nuclear Energy News .




INTERNET SPACE
Judge slashes $1 bn Samsung-Apple penalty in half
by Staff Writers
San Francisco (AFP) March 1, 2013


A judge on Friday cut $450 million from a $1 billion award to be paid by Samsung in a landmark patent lawsuit from Apple, saying a jury had wrongly calculated the damages.

US District Judge Lucy Koh affirmed the remainder of the award, amounting to $598.9 million, in the patent infringement case, while denying Apple's request for a bigger penalty.

The decision marked the latest twist in the blockbuster trial pitting the maker of the iPhone against the surging South Korean electronics giant.

Apple had accused its rival of massive and willful copying of its designs and technology for smartphones and tablets.

But Koh said the jury erred in calculating damages for some of the devices in question, including some models of the Galaxy SII smartphone and Galaxy Tab tablet, and struck down as invalid the $450 million awarded to the Silicon Valley giant.

She ruled that a new trial would be needed to award damages for those items, because an "impermissible legal theory" the jury used to calculate the award means that she "cannot reasonably calculate the amount of excess while effectuating the intent of the jury."

But Koh encouraged both parties to have the case reviewed by an appellate court before any new trial.

The judge allowed the award to stand for 14 products, including some Galaxy smartphones and the Galaxy Tab 10.1 tablet, leaving an award of $598.9 million.

The jury relied on Apple's calculation for lost profits dating back to 2010, when it first told Samsung of its objections, but Koh said that in most cases, the damages could only cover the period after the lawsuit was filed in April 2011.

"There are eight phones for which the jury awarded 40 percent of Samsung's profits for the entire period, but for which, during some of the damages period, infringer's profits was not an authorized remedy," the ruling read.

"The only remaining possibility is to conduct a new trial on damages for these eight products."

The judge said Apple could have averted a new trial if it had not pursued an "aggressive" strategy by using an expert report based on a long period of infringement.

"The need for a new trial could have been avoided had Apple chosen a more circumspect strategy or provided more evidence to allow the jury or the court to determine the appropriate award for a shorter notice period," she wrote.

Samsung said in a statement that it was "pleased" with the decision to reduce the damages and added that the company "intends to seek further review as to the remaining award."

"We are also pleased that the court earlier found that Samsung had not acted willfully, denied Apple's request for a permanent injunction, and denied Apple's motion for increased damages," the South Korean firm said.

There was no immediate comment from Apple.

Telecom analyst Jeff Kagan said the Apple-Samsung battle is "a huge case that just won't end" but will not have an impact on consumers because both firms "are both working on the next generation of devices."

The August jury verdict was seen as a decisive victory for Apple, which has been seeking to boost damages and to ban some Samsung products from the United States.

Apple has been rapidly losing market share to Samsung and other manufacturers that use the free Google Android system in the smartphone and tablet computer markets.

Google's Android system was used on 70.1 percent of smartphones shipped in the fourth quarter last year, while Apple held 21 percent of the global market, according to research firm IDC.

.


Related Links
Satellite-based Internet technologies






Comment on this article via your Facebook, Yahoo, AOL, Hotmail login.

Share this article via these popular social media networks
del.icio.usdel.icio.us DiggDigg RedditReddit GoogleGoogle








INTERNET SPACE
In smartphone's wake comes the intelligent watch
Barcelona (AFP) Feb 28, 2013
After the smartphone, the intelligent watch promises to become the latest hi-tech trend, allowing wearers to peek at messages and even take calls without touching their phones. As speculation grows that Apple may be working on an iWatch, other players at the world's biggest mobile fair in Barcelona, including Japanese giant Sony, are already fighting for a place on customers' wrists. Th ... read more


INTERNET SPACE
'Fat worms' inch scientists toward better biofuel production

The impact of algae parasite on algae biofuel output

Engineering cells for more efficient biofuel production

Avoiding virus dangers in 'domesticating' wild plants for biofuel use

INTERNET SPACE
Czech Company Plans to Invest EUR 400 Mln Into Solar Plants in Ukraine

SOLON and MP2 Capital Complete Construction of Multi-Campus Solar System

Solar Photovoltaic Demand In 2012 Falls Short Of 30 GW Mark

UConn Professor's Patented Technique Key to New Solar Power Technology

INTERNET SPACE
Rethinking wind power

Global wind energy capacity grows 19 percent in 2012

Finding the right space for offshore wind turbines

Spotting the invisible cracks in wind turbines

INTERNET SPACE
US Geothermal Industry Sees Continued Steady Growth in 2012

S.Africa to introduce carbon tax from 2015

Nation Could Double Energy Productivity

China energy consumption rises 3.9% in 2012

INTERNET SPACE
Second leak at North Sea oil platform forces evacuation

US suggests Keystone pipeline won't harm environment

Iran's oil output faces long-term decline

China has no need for U.S. coal?

INTERNET SPACE
Scientists spot birth of giant planet

NASA's Kepler Mission Discovers Tiny Planet System

Kepler helps astronomers find tiny exo planet

Searching for a Pale Blue SPHERE in the Universe

INTERNET SPACE
Brazil to get its first nuclear subs

Canadian shipbuilding seen to be too slow

Developing new naval capabilities to defend against surface targets

Obama to highlight cuts impact in shipyard

INTERNET SPACE
Computer Swap on Curiosity Rover

Lab Instruments Inside Curiosity Eat Mars Rock Powder

First-ever space tourist plans mission to Mars

Mars rover ingests rock powder for tests




The content herein, unless otherwise known to be public domain, are Copyright 1995-2014 - Space Media Network. AFP, UPI and IANS news wire stories are copyright Agence France-Presse, United Press International and Indo-Asia News Service. ESA Portal Reports are copyright European Space Agency. All NASA sourced material is public domain. Additional copyrights may apply in whole or part to other bona fide parties. Advertising does not imply endorsement,agreement or approval of any opinions, statements or information provided by Space Media Network on any Web page published or hosted by Space Media Network. Privacy Statement