Close
  • Latest News
  • Big Data and Analytics
  • Cloud
  • Networking
  • Cybersecurity
  • Applications
  • IT Management
  • Storage
  • Sponsored
  • Mobile
  • Small Business
  • Development
  • Database
  • Servers
  • Android
  • Apple
  • Innovation
  • Blogs
  • PC Hardware
  • Reviews
  • Search Engines
  • Virtualization
Read Down
Sign in
Close
Welcome!Log into your account
Forgot your password?
Read Down
Password recovery
Recover your password
Close
Search
Logo
Logo
  • Latest News
  • Big Data and Analytics
  • Cloud
  • Networking
  • Cybersecurity
  • Applications
  • IT Management
  • Storage
  • Sponsored
  • Mobile
  • Small Business
  • Development
  • Database
  • Servers
  • Android
  • Apple
  • Innovation
  • Blogs
  • PC Hardware
  • Reviews
  • Search Engines
  • Virtualization
More
    Home Apple
    • Apple
    • Mobile

    Apple, Samsung Back in Court to Recalculate Damages Owed to Apple

    By
    Michelle Maisto
    -
    November 12, 2013
    Share
    Facebook
    Twitter
    Linkedin
      Apple lawsuit

      Apple, Samsung and U.S. District Judge Lucy Koh are headed back to court today, where a jury will be tasked with determining the amount of damages Samsung will pay to Apple for infringing on its patents.

      Last August, a federal jury in San Jose, Calif., awarded Apple $1.05 billion in damages, after a three-week trial and three days of deliberations. The jury ruled that Samsung’s infringement on Apple products was “willful.” Offending products included the Samsung Galaxy Tab and Galaxy 10.1 tablets and Samsung’s line of Galaxy S smartphones.

      Samsung insisted publically that it would fight the ruling, and in a leaked internal memo told employees that history has yet to show a company that “has won the hearts and minds of consumers and achieved continued growth, when its primary means to competition has been the outright abuse of patent law, not the pursuit of innovation.”

      In January, Judge Koh filed a seven-page post-trial statement in which she argued that Apple did not infringe on Samsung’s intellectual property.

      To constitute willful infringement, Koh wrote in her statement, “Apple must prove by clear and convincing evidence that there was an ‘objectively high likelihood that its actions constituted infringement of a valid patent.'”

      Samsung had been found to have willfully violated seven of Apple’s design and utility patents, including those for the iPad and iPhone. Koh wrote that in each of the seven cases, the violation was not willful.

      In March, a judge determined that the jurors had miscalculated, when they came up with the figure of $1.05 billion to be paid to Apple, and that a new trial would need to be held to determine the damages to be paid.

      Koh weighed in that a portion of the damages—$550 million—had been correctly worked out, but that another portion, totaling $450 million, would need to be figured out again.

      Jury selection for the trial begins Nov. 12, and Koh is expected to instruct jury members that “the previous nine-member jury found Samsung infringed five valid Apple patents and that their ‘sole job’ is to determine the amount of damages Samsung must pay for the infringement of 13 Samsung products,” Bloomberg reported Nov. 12.

      Apple’s Very Busy Day

      A jury selection will also begin in Los Angeles Nov. 12, overseen by another set of Apple lawyers. Apple will be in that court defending itself from claims that that key features of the iPhone fall under patents held by NetAirus Technologies, Bloomberg also reported Nov 12.

      NetAirus owner Richard L. Ditzik filed a patent application in 1997 for a handheld device that combines computer and wireless communication functions and can communicate over both WiFi and cellular networks.

      Apple says the patent is invalid, according to the Bloomberg report, “because the technology was known long before the company filed its patent.”

      A judge last year ruled that NetAirus could move forward with its 3-year-old complaint, but that it couldn’t amend the complaint to include newer Apple products, including the iPad.

      In a Nov. 8 pretrial, a NetAirus damages expert proposed that NetAirus should receive royalty rates of $3 per unit that Apple has sold, pertaining to one claim, and $3.50 a unit for five other claims. A judge excluded the testimony, according to the report, calling it “improper expert opinion offered by a lay person.”

      Michelle Maisto
      Michelle Maisto has been covering the enterprise mobility space for a decade, beginning with Knowledge Management, Field Force Automation and eCRM, and most recently as the editor-in-chief of Mobile Enterprise magazine. She earned an MFA in nonfiction writing from Columbia University, and in her spare time obsesses about food. Her first book, The Gastronomy of Marriage, if forthcoming from Random House in September 2009.

      MOST POPULAR ARTICLES

      Big Data and Analytics

      Alteryx’s Suresh Vittal on the Democratization of...

      James Maguire - May 31, 2022 0
      I spoke with Suresh Vittal, Chief Product Officer at Alteryx, about the industry mega-shift toward making data analytics tools accessible to a company’s complete...
      Read more
      Cybersecurity

      Visa’s Michael Jabbara on Cybersecurity and Digital...

      James Maguire - May 17, 2022 0
      I spoke with Michael Jabbara, VP and Global Head of Fraud Services at Visa, about the cybersecurity technology used to ensure the safe transfer...
      Read more
      Cloud

      IGEL CEO Jed Ayres on Edge and...

      James Maguire - June 14, 2022 0
      I spoke with Jed Ayres, CEO of IGEL, about the endpoint sector, and an open source OS for the cloud; we also spoke about...
      Read more
      Applications

      Cisco’s Thimaya Subaiya on Customer Experience in...

      James Maguire - May 10, 2022 0
      I spoke with Thimaya Subaiya, SVP and GM of Global Customer Experience at Cisco, about the factors that create good customer experience – and...
      Read more
      Big Data and Analytics

      GoodData CEO Roman Stanek on Business Intelligence...

      James Maguire - May 4, 2022 0
      I spoke with Roman Stanek, CEO of GoodData, about business intelligence, data as a service, and the frustration that many executives have with data...
      Read more
      Logo

      eWeek has the latest technology news and analysis, buying guides, and product reviews for IT professionals and technology buyers. The site’s focus is on innovative solutions and covering in-depth technical content. eWeek stays on the cutting edge of technology news and IT trends through interviews and expert analysis. Gain insight from top innovators and thought leaders in the fields of IT, business, enterprise software, startups, and more.

      Facebook
      Linkedin
      RSS
      Twitter
      Youtube

      Advertisers

      Advertise with TechnologyAdvice on eWeek and our other IT-focused platforms.

      Advertise with Us

      Menu

      • About eWeek
      • Subscribe to our Newsletter
      • Latest News

      Our Brands

      • Privacy Policy
      • Terms
      • About
      • Contact
      • Advertise
      • Sitemap
      • California – Do Not Sell My Information

      Property of TechnologyAdvice.
      © 2022 TechnologyAdvice. All Rights Reserved

      Advertiser Disclosure: Some of the products that appear on this site are from companies from which TechnologyAdvice receives compensation. This compensation may impact how and where products appear on this site including, for example, the order in which they appear. TechnologyAdvice does not include all companies or all types of products available in the marketplace.

      ×