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NewsPoster Mar 27, 2013 09:38 AM
Apple claims $85M mistake in vacating damages v. Samsung
Judge Lucy Koh made a significant mistake in <a href=" be.repeated/">vacating part of the damages</a> from an Apple court victory against Samsung last year, the former party alleges in a filing submitted yesterday. The court document suggests that part of the damages were vacated based on a disallowed theory related to "disgorgement of profits for design patent infringement" and an "aggressive notice date for all of the patents" presented by Apple, <a href="">according to</a> <em>FOSS Patents</em>.<br /><br />Apple insists that court evidence and Samsung statements show that two devices, the Galaxy S II AT&T and Infuse 4G, were sold within an allowed period for design patent infringement. The pair could restore $40,494,356 and $44,792,974 to the non-vacated damages, respectively, contributing to a total of $685 million. The original 2012 court verdict hit Samsung with $1.05 billion.<br />
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Reversing the products' status would also pull two devices out of the 14 expected to be subject to a new trial and jury because of the vacated damages. Apple's motion is conditional, though, and will only go ahead if the court grants a Samsung request for a partial final judgment.
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