Half of $1 billion Apple awarded from Samsung invalidated

SAN JOSE, Calif. (AP) - A federal judge on Friday erased nearly half of the $1 billion in damages that a jury decided that Samsung Electronics should pay Apple in a high-profile trial over the rights to the design and technology running some of the world's most popular smartphones and tablet computers.
U.S. District Court Judge Lucy Koh lowered the damages awarded to Apple Inc. by $450.5 million, saying jurors had not properly followed her instruction in calculating some of the damages. She also concluded that mistakes had been made in determining when Apple had first notified Samsung about the alleged violations of the patents for its trend-setting iPhone and IPad.
The ruling reduced Samsung Electronics' bill to just under $599 million.
Koh also ordered a new trial on Apple's allegations that Samsung stole its ideas for more than a dozen different smartphones and tablet computers that include several models in Samsung's hot-selling Galaxy line-up.
The new trial leaves open the possibility that Samsung's damages bill could rise back up toward $1 billion, or even higher, depending on the findings of a new jury.
Although Koh denied Apple's attempt to increase the verdict that the jury reached last August, she agreed that Samsung should be forced to pay an unspecified amount of extra damages that weren't covered in the first trial. She said these supplemental damages will be applied on sales of certain Samsung devices after Aug. 25, 2012 - the date of the original verdict.
Apple declined to comment on the Koh's ruling.
After a three-week trial closely followed in Silicon Valley, the jury decided that Samsung ripped off the trailblazing technology and sleek designs used by Apple to create its revolutionary iPhone and iPad and ordered Samsung to pay Apple $1.05 billion in the latest skirmish of a global legal battle between the two tech giants.
Apple filed its patent infringement lawsuit in April 2011 and engaged legions of the country's highest-paid patent lawyers to demand $2.5 billion from its top smartphone competitor. Samsung Electronics Co. fired back with its own lawsuit seeking $399 million.
The jury found that several Samsung products illegally used such Apple creations as the "bounce-back" feature when a user scrolls to an end image, and the ability to zoom text with a tap of a finger.
The case is ultimately expected to land before the U.S. Court of Appeals for the Federal Circuit, the Washington-based court that decides patent disputes, if not the U.S. Supreme Court.
Nonetheless, Koh is expected to greatly shape the end result.
Samsung has mounted an aggressive post-trial attack on the verdict, raising a number of legal issues that allege the South Korean company was treated unfairly in a federal courtroom a dozen miles from Apple's Cupertino headquarters. Samsung alleges that some of Apple's patents shouldn't have been awarded in the first place and that the jury made mistakes in calculating the damage award.
Samsung has emerged as one of Apple's biggest rivals and has overtaken as the leading smartphone maker. Samsung's Galaxy line of phones run on Android, a mobile operating system that Google Inc. has given out for free to Samsung and other phone makers.
Apple and Samsung have filed similar lawsuits in eight other countries, including South Korea, Germany, Japan, Italy, the Netherlands, Britain, France and Australia.
U.S. District Court Judge Lucy Koh lowered the damages awarded to Apple Inc. by $450.5 million, saying jurors had not properly followed her instruction in calculating some of the damages. She also concluded that mistakes had been made in determining when Apple had first notified Samsung about the alleged violations of the patents for its trend-setting iPhone and IPad.
The ruling reduced Samsung Electronics' bill to just under $599 million.
Koh also ordered a new trial on Apple's allegations that Samsung stole its ideas for more than a dozen different smartphones and tablet computers that include several models in Samsung's hot-selling Galaxy line-up.
The new trial leaves open the possibility that Samsung's damages bill could rise back up toward $1 billion, or even higher, depending on the findings of a new jury.
Although Koh denied Apple's attempt to increase the verdict that the jury reached last August, she agreed that Samsung should be forced to pay an unspecified amount of extra damages that weren't covered in the first trial. She said these supplemental damages will be applied on sales of certain Samsung devices after Aug. 25, 2012 - the date of the original verdict.
Apple declined to comment on the Koh's ruling.
After a three-week trial closely followed in Silicon Valley, the jury decided that Samsung ripped off the trailblazing technology and sleek designs used by Apple to create its revolutionary iPhone and iPad and ordered Samsung to pay Apple $1.05 billion in the latest skirmish of a global legal battle between the two tech giants.
Apple filed its patent infringement lawsuit in April 2011 and engaged legions of the country's highest-paid patent lawyers to demand $2.5 billion from its top smartphone competitor. Samsung Electronics Co. fired back with its own lawsuit seeking $399 million.
The jury found that several Samsung products illegally used such Apple creations as the "bounce-back" feature when a user scrolls to an end image, and the ability to zoom text with a tap of a finger.
The case is ultimately expected to land before the U.S. Court of Appeals for the Federal Circuit, the Washington-based court that decides patent disputes, if not the U.S. Supreme Court.
Nonetheless, Koh is expected to greatly shape the end result.
Samsung has mounted an aggressive post-trial attack on the verdict, raising a number of legal issues that allege the South Korean company was treated unfairly in a federal courtroom a dozen miles from Apple's Cupertino headquarters. Samsung alleges that some of Apple's patents shouldn't have been awarded in the first place and that the jury made mistakes in calculating the damage award.
Samsung has emerged as one of Apple's biggest rivals and has overtaken as the leading smartphone maker. Samsung's Galaxy line of phones run on Android, a mobile operating system that Google Inc. has given out for free to Samsung and other phone makers.
Apple and Samsung have filed similar lawsuits in eight other countries, including South Korea, Germany, Japan, Italy, the Netherlands, Britain, France and Australia.
one giant jerk of a corporation, has to pay another bigger giant jerk of a corporation millions of dollars ho hum.
apple will stick that cash in their vault,that already contains close to several billion dollars.soulless evil greedy corporations,will all eventually collapse from the weight of their billions of dollars,meanwhile their are homeless hungry mentally ill people getting their nights dinner from a garbage can.
@David JanssenSince when is it a corporations responsibility to take care of the homeless, hungry and mentally ill? Isn't that what the government and charities are for? And Apple has more than "close to several billion dollars". They've got something like $140b in the bank. Corporations by definition are soulless; they aren't people.
@David Janssen If you just didn't hate everything you too could have made a tidy profit....sorry.
what sickens me is Apple patented those rounded corners on tablets, as well as wedge shaped (when closed) laptops
@Tom Allmendinger Despite Sony having done it with their Vaio line LONG before Apple. Prior art is supposed to invalidate patent, but it doesn't. Thank you broken patent system.
HTC and Motorola have surpassed Apple as well.
I'm trading in my iPhone for a Samsung device this weekend. If Samsung stole anything from Apple, it would be the concept (feel, not so much; all phones & tablets have the same feel). Playing with the demos, I'd say Samsung knocked their new lines out of the park and completely surpass the iPhone/Apple lines by miles. Sorry Apple. You are not as top knotch as you used to be.
@armywife I picked up a Galaxy Note 2 last week and love it! Hard to imagine using anything else now. Samsung is in it to win it and I don't see them slowing down anytime soon.
Sure glad that I got rid of my Samsung piece of c#ap TV. The Asian companies are all rip=offs
@Steinsbu show me one consumer electronic device that actually manufactured in the US
@Steinsbu All Apple products are made in China. I'm pretty sure thats in Asia. Just another reason why its time to end all patents and copyrights. They hold a civilization back too much. If someone can build a better mouse trap then they should be encouraged to do so, not spend billions in a court room making attorneys rich.
@Steinsbu lol, and what non-Asian country or non-Asian company produced your new TV?
hmmmmm do you think Her Honor has any . . . Â Samshung in her . . . . portfolio ? ? ?
@ZIPPY hmm do you think a few jurors had any Apple stocks and are Apple worshipers? LOL
@Lrry*x*KÂ @ZIPPYÂ The quote-unquote "expert" jury foreman was in my opinion in a conflict of interest, since he was involved in another of Apple's lawsuits prior.
@ZIPPYNo, if anything she probably has crApple stock. You should have seen the stuff she tried doing in the original trial. She is now doing damage control to avoid being removed.Â
It won't be long before the other shoe drops. Where is the resident crApple fanboy cyclops to come in here and try to downplay this?Â
@NW-EconomistDownplay? Â haha..Apparently you don't understand how lawyers work. Â If they think they have a claim for a solid half billion they sue for 2 billion....and they settle for the half billion which is what they wanted in the first place. You have no business sense. Â
Oh and by the way....you forgot to use your childish crApple name in a few posts.. You are slipping.
@cyclops @NW-EconomistWow, you have a demented view of how lawyers work, you obviously think it's like the movies. In reality, lawyers don't play dumb games like that, they have strict rules they have to follow or else they get sued for malpractice. You may want to look at CA's bar association website and what it says about suing for excessive damages and frivolous lawsuits and the consequences for repeated behavior.Â
@cyclops @NW-EconomistLets see, waited a week and where are we still? crApple nowhere near their 52 week peak, and Google still soaring high... wonder how that happened.Â
Look at the volume trading indicators on the crApple stock, I'm seeing a lot of puts there too...
http://www.google.com/finance?ei=HExHUfjmJMe0iAKgSA&q=apple
http://www.google.com/finance?q=goog&ei=IUxHUYmhAqGhiQLBJw
@NW-Economist Could you please explain to me how a 272B market cap is greater than 402B market cap again? Lost?  Haha.....you see, it only took me 5 minutes of handling the first iPhone to see it was going to change everything....and yes...it did.  So we bought a bunch of shares way back at the beginning of the rise.  Even if it goes to 200 we still would have doubled our money on the shares we have left.  Explain to me again how doubling my money is a loss?  For you the math is easy...when you double $000 you still get $000...haha.  Explain to me again how your intense hatred of Apple has worked out for you.  You really need a refresher course in economics.
@cyclops @NW-EconomistI was just scratching the surface, I'm sure you know as well as I do that they offer hundreds of different services as well as products.
In any case, where's crApple's market cap now?
https://www.google.com/finance?q=NASDAQ%3AAAPL&ei=qPZAUZCdOoanrQHoNQ
Hrm, seems to not be heading anywhere close to that inflated range it was at before, does it?Â
You're just depressed you lost everything with them and you're probably too out of it to let go and sell with the loss you'll take now, you'll probably hold on until it crashes to 200 and they officially become a Patent Troll.Â
@NW-Economist Haha...an ISP? In one city that will never scale that they spent billions on? A phone that was even more of a flop than the Zune? Since when are flops considers great business models? Do you do stand-up on the side?
Biggest tech company? How is Google's 275B market cap bigger than Apple's 411B market cap? Â Back to 3rd grade math please. Â You have probably hated Apple for a very long time and you probably shorted it at $200 because there is no way that joke of a company could ever go anywhere. Â Oh..and another thing....when there is a plus sign in front of their stock price....that means it went up not down.
Additionally, I got junk mail from Google today...snail mail junk mail from Google.  Everyone hates junk mail.  Not only have they invaded everyone's privacy online they are now invading into people's homes.  This is not going to sit well with John Q.  They offered me $250 worth of AdWords.  Companies that are doing well don't send out mass mailings giving $250 to everyone to please sign up for their services.  People  will soon be getting very annoyed having Google cram advertising down their throats.  Google is on the cusp of an epic devaluation.
Go ahead...buy Google...buy it now...they have a great business model...after all...their Android OS is on 70% of mobile devices...never mind that they make $0000 from it...its a great model.
Buy....Buy Now...what could ever go wrong.
@cyclops @NW-EconomistOnly product advertising? You must have missed their numerous other products, phones, webhosting, enhanced business services, ISP, etc etc etc.Â
And they DO have a great model, they have made billions and are basically the biggest tech company now both in function and in finance (thanks to crApple's stock plunge). The future is free-to-low-cost pricing with low overhead on distribution and with cloud computing. Any beginning business major understands that.
If I shorted crApple how did I get burned badly? They dropped even more today! On the other hand guess whose stock is up...
@NW-Economist One product?  You mean the only product Google has which is advertising? Put your money where your mouth is and short Apple and buy Google then...a company that spends millions on Android and then gives it away for free.  Great business model...you should go all in.  And when advertisers realize that Android users don't click on the ads because they are just so cheap they will cut back....you'll be left holding the bag...haha. Or maybe that is why you hate Apple so much now is because you shorted them and got badly burned so you blame them for your own failings.
@cyclopsWith consumer choice being the new market determinant, mobile OS is the ONLY meaningful way left to calculate market-share period. Any beginner financial adviser will tell you diversification is a MUST.
Do you know what happens to companies who put everything into ONE PRODUCT in a market sector? Here's a hint, it's what's happening to crApple right now.
Wow, what a plunge.Â
https://www.google.com/finance?q=NASDAQ%3AAAPL&hl=en&ei=I8U8UejIFJTlqAH_XQ
705 to 431.... a 39% drop in the stock price over a relatively short time.
Meanwhile google's stock is setting new record highs:Â
https://www.google.com/finance?q=goog&hl=en&ei=KMU8UeDZK4OvqQGAJw
However, keep shaking your rattles and saying your prayers, I'm sure the god of mediocrity will come save your failing product and joke of a company.Â
@NW-Economist I told you you would call the facts a lie because they don't fit your tunnelvision view of the world.  What is pointless is the using the term marketshare when comparing one device to a hundred.  In addition I have never denied that  there are more Android devices out there than iOS.  Using marketshare as a metric to compare the two is just plain stupid.
@cyclops @NW-EconomistIt must be crazy to live in denial.
Look at these trends over the last few years:Â http://www.businessinsider.com/mobile-market-share-2012-11
"Android and Apple continue to dominate the global mobile market, but Apple is losing (relative) share fast.
According to a recent IDC report, these two platforms now have a staggering 90% of global market share, while everyone else is down to 10%.
Both Android and Apple are also still gaining share, while every other platform is losing it. But Android is still gaining share faster than Apple.Â
In the third quarter, IDC reports, Android sales accounted for a staggering 75% of the smartphone market. Apple sales, meanwhile, accounted for only 15%. Android is still gaining share rapidly, so Apple's share may shrink even further.
In the US, Apple's market share is stronger. According to Comscore, Android had 53% of the market in September, as compared to Apple's 34%. A third of the market is a plenty healthy share, but the underlying trends aren't so encouraging:All of these gains have come from the collapse of other platforms, namely RIM, Microsoft, and Palm, which, collectively, have collapsed from 49% of the market to 13% of the market. Combined, Apple and Android now have an 87% share of the US market, about the same as their 90% share internationally. The days of the easy market share gains from weak players, therefore, are almost over. Hereafter, the two platforms are mainly going to have to compete with each other.
Apple will likely see a temporary surge in market share in the fourth quarter, on the strength of the iPhone 5. But the trend is clear, globally and in the U.S.:
Barring a significant change in product strategy, Apple's relative market share will continue to drop."
Reality sucks for you, all you can do is clutch your iphone like some crazed lunatic and keep repeating mindlessly "it has the most marketshare, it has the most marketshare!" You are religious about this, it's crazy that facts don't phase you.
You sit here and want to play games about single devices vs other devices even when that's pointless because one of the companies you are comparing only has one functional product!
@NW-Economist Why should I prove it.  You will just disagree with it and call it a lie anyway. Â
It was and article I read on Komo a week or 2 ago and I think this is the same one:
http://www.techradar.com/us/news/phone-and-communications/mobile-phones/iphone-5-becomes-worlds-best-selling-smartphone-1132431.
So the facts are these:
Apple is not losing marketshare to Samsung.  Apple is not losing marketshare to Motorola. Apple is not losing marketshare to Amazon.  Apple is not losing marketshare to HTC. Apple is not losing marketshare to The Nook.  Apple is not losing marketshare to HP. Apple is not losing marketshare to any other company who was given a free OS.
Samsung + HP + Amazon + Nook + Motorola + HTC > Apple. Â
Duh
@cyclopsProve it has higher sales, I haven't seen a single link. Even if you could prove it, which you won't, it still doesn't matter that there are more devices using android than iOS and the margin is growing bigger every day. Pathetic you want to try and quibble over single devices when you know where this trend is going.Â
You are the master of selective reading. The article is 4 months old (2012 was last year in case you lost track) AND even your own article has proven you wrong again....
 Apple launched the iPhone 5 in September. Its sales are so strong that Strategy Analytics says it expects Apple to reclaim the top spot during the fourth quarter of 2012. Funny
 top spot during the fourth quarter of 2012.Â
@cyclops @NW-EconomistOops, looks like you're wrong about not only overall mobile OS marketshare, but also about the s3 vs iphone. For the record, I don't particularly like the s3, I prefer my smartphones to have a real keyboard, but I found it hilariously that you'd casually lie about the obvious sales figures and trends:
http://www.cbc.ca/news/business/story/2012/11/08/samsung-apple.html
@NW-Economist No. I have never denied that Android is on more devices than iOS but throwing around the term marketshare and then comparing a few Apple devices to hunderds of Androids is idiotic. Samsung has 23 smartphones and they give half of those away for free yet they only sell twice as many phones as Apple. Simple math...Apple is smearing Samsung.
@cyclops @NW-EconomistSince your basic math skills are falling below an elementary level, let me teach you about what addition and subtraction are. When you have more of something than something else, that's called a HIGHER NUMBER.
That chart gets its numbers from the amount of devices out there and what OSes they have. The iphone-5may or may not be the single most numerous device, but that's because crApple is scared to diversify as they see their marketshare slipping. When we look at the numbers for 2012 this is what they are by manufacturer:
Paints a much different picture doesn't it? Â
@NW-Economist Even a fifth grader wouldn't try to compare an OS on a hundred devices from dozens of manufacturers with an OS on a few devices from one manufacturer.  I am dumbfounded by the ignorance of your posts.  The best selling smartphone in the world is the iPhone5....fact.....get used to it.
@cyclops @NW-EconomistObfuscate much? It's all about diversity. Of course a main company is going to have inflated-looking numbers if they only have one device available. Unfortunately, that's also why their marketshare is tanking bad. It's too bad crApple puts all its "apples" into one basket, it's the reason it will sink. Android was smarter to diversify across thousands of devices because consumers love choice.
In the end, these are the stats that matter and show a true comparison of "oranges to oranges. :)Â
http://qph.cf.quoracdn.net/main-qimg-06c8b50e4018ca350b2f695160814edf
And crApple's OSes are based on a free one, too bad they couldn't develop their own if they wanted to sell it. Unix ring a bell?Â
@NW-Economist The number one selling smartphone in the world is the iPhone 5....and number 2?...thats right the iPhone 4s. Your beloved Samsung Galaxy 3 is 3rd.  You really can't grasp the concept of marketshare can you.  If Apple were to give away their iOS there would be no such thing as Android.
@cyclops @NW-EconomistWhat's laughable is how you are clinging onto this sinking ship for dear life.
crApple lost majority marketshare to a NEW competitor in just two years, and it keeps going down no matter what they do.
This silly lawsuit was their first major foray into transforming into a patent troll, and it failed miserably.
And Google hasn't even begun to retaliate with the Motorola cellphone patents they hold, which are basically the trump card.
When the rest of this verdict is thrown out and Google counter-sues because they offered the manufacturers indemnity, you will watch crApple's stock plummet to the bottom.Â
@NW-Economist No its what you call it. What is it like to be all knowing? You ignore all the real facts and believe only your convenient ones.  I always get a chuckle from your posts because you are quite laughable.
@cyclops @NW-EconomistIs that what you call it when all the facts are against you? Must be an iOS logic fail thing.Â
@NW-EconomistAmazing how you are always right even when proven wrong time and again.
@cyclops @NW-EconomistNope, just showing how even under your own line of reasoning you are still wrong. Not that I think your line of reasoning is right, but it's funny to know that even if you were right about the strategy you'd still be wrong about what is happening.Â
@NW-Economist Ok, at least you have admitted you have no negotiation skills.
@cyclops @NW-EconomistSeems like the only foolish parties here are crApple's attorneys and you, because when the rest of the award gets thrown out too you'll all look rather dumb. So much for the strategy you claim they're pursuing...
@NW-Economist I've been there and seen it in person.  You have a wonderful way of ignoring reality.  Have you ever sold anything?  Say a car for example.  Did you start at the price you were hoping to get?  Foolish.
@NW-Economist They had an epifany and realized that you really can't patent rectangles and radiused corners.
Wow, Samsung sure hit the jackpot getting a judge of Korean descent to save them a half a billion...
@lakeviewYou realize that during the initial trial that that Judge, Koh, was doing all kinds of nutty things in favor of Apple, like suppressing evidence and testimony that was perfectly legit At one point the lead counsel for Samsung got up and shouted "why bother having a trial at all? lets just skip to appeals."
Apparently she's trying to atone before she gets removed or censured.Â
I have a feeling this is going to get reduced even further, if not thrown out all together. Â Get off your high horse Apple.
@narnia6005Â Â
I agree - I think this will end up with no award or being, "settled out of court with the details undisclosed as agreed to by both parties."
@narnia6005 Its not a "high horse" to protect a companies own patents that are copied or illegally obtained by a rival. That is why patents are registered in the first place.
@DarkRenegade @narnia6005You think you can patent a rectangular shape with a shiny surface? Someone better tell Ford that Toyota also makes cars...
@DarkRenegade @NW-EconomistThe "widgets" and "icons" BS with look and feel is also absurd, the similarity between icons used by windows and OS over the years has never spawned a lawsuit, yet now crApple sues Samsung? And all over an OS designed by a third party? Crazy.
@NW-Economist Ive read a few other sources. The "look and feel" refers to its software design not just the physical appearance. Here is one reference for you. @NW-Economist
Look-and-feel definition: http://www.pcmag.com/encyclopedia_term/0,1237,t=look+and+feel&i=46319,00.asp
@NW-Economist @DarkRenegade Correct. It was never about software and component design. Look and feel are what they went after. Now they just look like tards.
And as for revolutionary, please. It was Evolutionary at best. It isn't like it was the first smart phone with a touch screen.
@DarkRenegade @NW-EconomistDid you even read crApple's brief in the original trial? They said it was about the look and feel and focused mostly on the color and shape and glossiness. Absurd.Â
@NW-Economist Youre naive to think its the rectangular design that caused Apple to seek this lawsuit. Its software and component design inside that is what Samsung was sued over. Similarities in function specifically. Â