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-   -   Apple claims $85M mistake in vacating damages v. Samsung (http://forums.macnn.com/113/tech-news/499243/apple-claims-85m-mistake-vacating-damages/)

 
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="http://www.electronista.com/articles/13/03/01/567.million.in.damages.stand.damages.will.need.to. 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="http://www.fosspatents.com/2013/03/apple-alleges-85-million-error-in.html">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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