Apple claimed in a court filing on Tuesday that Judge Lucy Koh made an error when she vacated part of the $1.02 billion damage judgement awarded by the Apple v. Samsung trial jury. Apple says two of the Samsung products look to be subject to the verdict.
As noted by FOSS Patents’ Florian Mueller, Apple asserts that when Judge Koh vacated 40 percent of the $1.02 billion awarded by the Apple v. Samsung jury, the jurist believed part of the figure was granted based on an impermissible theory pertaining to “disgorgement of profits for design patent infringement” and an “aggressive notice date for all of the patents” presented by the Cupertino company.
Apple claims that statements by Samsung, as well as court evidence, prove two of the Korean company’s products were sold within the period of patent infringement. If Apple is correct, the two devices in questions, Samsung’s Galaxy S II AT&T and Infuse 4G, could restore a respective $40,494,356 and $44,792,974 to the original award.
If successful, Apple’s motion would bring the affirmed damages award to $685 million.
Mueller believes Apple is correct, but says the case against the Infuse 4G might be more complicated due to legal minutia, and the date the device was first put on the market.
Apple’s motion is conditional, and would only move forward if Samsung’s request for a partial final judgement is granted.