Welcome!

AJAX & REA Authors: Piram Manickam, Subrahmanya SV, S Sangeetha, Bob Gourley, RealWire News Distribution

Related Topics: iPhone, Wireless, SOA & WOA, AJAX & REA, Web 2.0, Security

iPhone: Article

Court Cuts Historic Apple Award; Orders New Trial

Apple gets to keep roughly 60% of one of the largest awards ever made but will have to fight to get the rest

A US district court judge Friday slashed the $1.05 billion award granted Apple last August by a jury that found Apple's great nemesis Samsung copied Apple's mobile widgetry. Apple's stock thereupon fell.

The court has ordered a new trial to decide exactly what Apple should get.

District Court Judge Lucy Koh doesn't think the trial will begin before the companies' appeals are resolved and may not determine exactly how to calculate the damages.

It's not clear that Apple still won't get the remaining $450,514,650 or more. And Apple also wants more damages than the jury gave it.

Apple gets to keep roughly 60% of one of the largest awards ever made but will have to fight to get the rest, which Koh claims was granted on incorrect legal theory.

Samsung said, "We are pleased that the court decided to strike from the jury's award. Samsung intends to seek further review as to the remaining award." It means to seek further review.

For its part Apple had nothing to say.

Koh decided the jury incorrectly calculated part of the damages and that a new trial has to decide the final dollar amount based on 14 devices.

The jury's award to Apple on 14 other products, totaling almost $599 million, stands.

The + court said the widgetry yet to be decided includes Galaxy Prevail, Gem, Indulge, Infuse 4G, Galaxy SII AT&T, Captivate, Continuum, Droid Charge, Epic 4G, Exhibit 4G, Galaxy Tab, Nexus S 4G, Replenish and Transform. Samsung may have to pay pre-judgment interest.

Koh said, "The court has identified an impermissible legal theory on which the jury based its award and cannot reasonably calculate the amount of excess while effectuating the intent of the jury." She said the jury didn't follow her instructions and based its judgment on Samsung's profits.

Samsung's Gem, Indulge, Infuse 4G and a Galaxy S II sold by AT& T will determine what damages Apple should will be awarded for each product.

In December, Koh refused to give Apple a sales injunction against Samsung widgets because she said Apple failed to prove the allegedly stolen technology is what drove consumers to buy Samsung products instead of Apple iPhones or iPads. Apple has appealed that decision.

Apple filed another lawsuit last year accusing Samsung's newer widgets of infringing its patents. That case was scheduled to be heard next March although the judge now wants to wait until all appeals are heard.

More Stories By Maureen O'Gara

Maureen O'Gara the most read technology reporter for the past 20 years, is the Cloud Computing and Virtualization News Desk editor of SYS-CON Media. She is the publisher of famous "Billygrams" and the editor-in-chief of "Client/Server News" for more than a decade. One of the most respected technology reporters in the business, Maureen can be reached by email at maureen(at)sys-con.com or paperboy(at)g2news.com, and by phone at 516 759-7025. Twitter: @MaureenOGara

Comments (0)

Share your thoughts on this story.

Add your comment
You must be signed in to add a comment. Sign-in | Register

In accordance with our Comment Policy, we encourage comments that are on topic, relevant and to-the-point. We will remove comments that include profanity, personal attacks, racial slurs, threats of violence, or other inappropriate material that violates our Terms and Conditions, and will block users who make repeated violations. We ask all readers to expect diversity of opinion and to treat one another with dignity and respect.


Cloud Expo Breaking News
The massive computing and storage resources that are needed to support big data applications make cloud environments an ideal fit. In Nati Shalom's upcoming session at 12th Cloud Expo | Cloud Expo New York [June 10-13, 2013], you'll learn how to build your big data "database on-demand" using MongoDB, Cassandra, Solr, MySQL, or any other big data solution, as well as manage your big data application using a new open source framework called “Cloudify.” All this, on top of the OpenStack cloud.
It’s now possible to create isolated networks in the cloud using OpenStack Networking. Cloud Networks can help enhance network security, increase application agility and improve scalability and availability of your servers.
SYS-CON Events announced today that MetraTech Corp., the leading provider of agreements-based billing™, commerce and compensation solutions, has been named “Bronze Sponsor” of SYS-CON's 12th International Cloud Expo, which will take place on June 10–13, 2013, at the Javits Center in New York City, New York. MetraTech Corp. is the leading provider of commerce, billing and compensation solutions enabling customers to monetize relationships with customers, partners, and suppliers. Its unique Agree...
“Trust is an ongoing journey and sits at the foundation of any vendor relationship – the companies that don’t consistently earn trust won’t be around long,” noted Henrik Rosendahl, Senior VP of Cloud Solutions at Quantum, in this exclusive Q&A with Cloud Expo Conference Chair Jeremy Geelan. “As they do more with cloud, trust will organically grow – maybe it’s just about meeting SLAs or seeing firsthand that data is there when you need it,” Rosendahl continued. Cloud Computing Journal: The move ...
Cloud computing is more than a buzz-phrase it’s a transformative IT paradigm shift. The emphasis in the cloud is on elasticity, scalability, agility and open. Not just open standards but open APIs and open source. The delivery of software is also going through a paradigm shift. Open source software was often a commoditization of a market leader; Unix to Linux or Oracle to MySQL what’s changing is that the iterative nature, user context and the motto of releasing early and often are driving real ...
In an ideal developer/systems administrator’s world, most applications would deploy seamlessly to multiple platforms and scale elastically with minimal effort bringing the unprecedented agility of the cloud within immediate reach of developer teams and IT organizations. OpenStack, a RackSpace and NASA initiative, is now managed by an independent foundation and is supported by multiple vendors. It defines APIs for compute, storage, networking, services, monitoring, and additional infrastructure...
Organizations across the world are increasingly starting to see the benefits of moving more and more services to the cloud. The focus on the cost-saving potential of cloud is rapidly shifting to completely transforming the business with cloud. As organizations are investing enormous sums on technology they are starting to realize that in order to maximize the return on investment and accelerate the business transformation process the first area of focus should be people. By ensuring the organiza...
Storage and Archive offerings are now exploding on the market. From end-user mobile devices to company tactical level, the cloud has become a black hole for every kind of data. But what are the risks, and what are the real needs? In his session at the 12th International Cloud Expo, Alexandre Morel, Cloud Product Manager & Evangelist at OVH.com, will answer questions such as: How to develop a strategy to use those offers as a base to develop mid and long-term value? Should companies trust th...
These days, it seems that every cloud provider claims that cloud is safer than your traditional datacenter. Is it though? In his General Session at 12th Cloud Expo | Cloud Expo New York, McAfee expert Rishi Bhargava will help you explore and address the security challenges and considerations for public cloud (IaaS, PaaS and SaaS).
Companies around the world are collecting massive amounts of data everyday that’s sitting around and not being utilized. Take for example the fact that companies collect demographic and location-based data via mobile devices all the time, but have to figure out how to monetize that data. In his session at the 12th International Cloud Expo, Jason Hoffman, CTO & Founder of Joyent, will examine the state of Big Data, taking a look at what we're doing now to discussing what's on the horizon, as co...