The Wall Street Journal reports that Judge Lucy Koh issued an Order modifying and reducing the amount of damages awarded to Apple after its massive victory in August 2012. Judge Koh ruled that the jury determined an unreasonable theory upon which to calculate damages, and ordered a new trial as to the issue of damages for 14 phones. For the other 14 products, Judge Koh let the award stand at $598,908,892.
Judge Koh does an excellent job of outlining several of the jury’s mistakes, including pointing out that she couldn’t find any methods for calculating damages, thus striking the award even though “there exists some theory on which the jury might have made such an award.”
This isn’t necessarily a good sign for Samsung, but I think Judge Koh is offering an olive leaf to both parties. Essentially she’s saying “settle this thing and settle everything.”
The second phase, as evidenced in the first phase, could result in a higher award for Apple, or nothing at all. Let’s also not forget that there are several other cases, including one other case in the Northern District of California before Judge Koh, which could cause Samsung some other big losses.
Hopefully, Apple will realize that it’s a lot less innovative than it thinks, and Samsung really did copy some of Apple’s designs.