Upon Further Review… Judge Realizes The Jury In Apple/Samsung Case Screwed Up
from the and-so-this-continues dept
After Judge Lucy Koh’s ruling at the end of January, it appeared that she was not going to delve into the jury’s efforts, despite many concerns that the jury clearly did not read and did not understand the jury instructions. However, on Friday, Koh came back and explicitly called out the jury for not following the rules, and cut the initial award by 45% (or about $450 million).
The key issue: the jury instructions were explicit that the jury not award Apple based on Samsung’s profits for any utility patent infringements. But, in looking through the awards, it became clear that this was exactly what the jury did. Note that all of this came about in response to Apple’s attempt to increase the award above $1 billion — and, as a result, the reward has now been massively reduced.
Apple’s motion for an increase in the jury’s damages award is DENIED. The Court declines to determine the amount of prejudgment interest or supplemental damages until after the appeals in this case are resolved.
Because the Court has identified an impermissible legal theory on which the jury based its award, and cannot reasonably calculate the amount of excess while effectuating the intent of the jury, the Court hereby ORDERS a new trial on damages for the following products: Galaxy Prevail, Gem, Indulge, Infuse 4G, Galaxy SII AT&T, Captivate, Continuum, Droid Charge, Epic 4G, Exhibit 4G, Galaxy Tab, Nexus S 4G, Replenish, and Transform. This amounts to $450,514,650 being stricken from the jury’s award. The parties are encouraged to seek appellate review of this Order before any new trial.
And yes, the judge clearly called out the jury:
… it is apparent that the jury failed to follow the Court’s instructions on the law, and awarded damages based on a legally impermissible theory. This award cannot stand.
Either way, this is far, far, far from over. There needs to be a new trial just on damages and there are the various appeals. Stay tuned, because unless the two companies settle (and they’ve shown little inclination on that front), we’ve still got a few more years of this mess.