Welcome!

Machine Learning Authors: Pat Romanski, Zakia Bouachraoui, Yeshim Deniz, Elizabeth White, Liz McMillan

Related Topics: Wearables, Mobile IoT, Microservices Expo, Machine Learning , Agile Computing, Cloud Security

Wearables: 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.


CloudEXPO Stories
The Transparent Cloud-computing Consortium (T-Cloud) is a neutral organization for researching new computing models and business opportunities in IoT era. In his session, Ikuo Nakagawa, Co-Founder and Board Member at Transparent Cloud Computing Consortium, will introduce the big change toward the "connected-economy" in the digital age. He'll introduce and describe some leading-edge business cases from his original points of view, and discuss models & strategies in the connected-economy. Nowadays, "digital innovation" is a big wave of business transformation based on digital technologies. IoT, Big Data, AI, FinTech and various leading-edge technologies are key components of such business drivers.
"DevOps is set to be one of the most profound disruptions to hit IT in decades," said Andi Mann. "It is a natural extension of cloud computing, and I have seen both firsthand and in independent research the fantastic results DevOps delivers. So I am excited to help the great team at @DevOpsSUMMIT and CloudEXPO tell the world how they can leverage this emerging disruptive trend."
Having been in the web hosting industry since 2002, dhosting has gained a great deal of experience while working on a wide range of projects. This experience has enabled the company to develop our amazing new product, which they are now excited to present! Among dHosting's greatest achievements, they can include the development of their own hosting panel, the building of their fully redundant server system, and the creation of dhHosting's unique product, Dynamic Edge.
Nutanix has been named "Platinum Sponsor" of CloudEXPO | DevOpsSUMMIT | DXWorldEXPO New York, which will take place November 12-13, 2018 in New York City. Nutanix makes infrastructure invisible, elevating IT to focus on the applications and services that power their business. The Nutanix Enterprise Cloud Platform blends web-scale engineering and consumer-grade design to natively converge server, storage, virtualization and networking into a resilient, software-defined solution with rich machine intelligence.
Concerns about security, downtime and latency, budgets, and general unfamiliarity with cloud technologies continue to create hesitation for many organizations that truly need to be developing a cloud strategy. Hybrid cloud solutions are helping to elevate those concerns by enabling the combination or orchestration of two or more platforms, including on-premise infrastructure, private clouds and/or third-party, public cloud services. This gives organizations more comfort to begin their digital transformation without a complete overhaul of their existing infrastructure - serving as a sort of "missing link" for transition to cloud utilization.