Saying that U.S. District Court Judge Lucy Koh erred in its patent lawsuit against Samsung, Apple has asked a U.S. District Court to reinstate the $85 million in damages dismissed by the judge.
CNET:
In a March ruling in the landmark case, U.S. District Court Judge Lucy Koh cut damages on some Samsung products found to infringe Apple’s patents, carving $450.5 million off the original $1.05 billion judgment and calling for a new trial on the damages to recalculate them. However, Apple has complained that Koh made a mistake in reducing at least part of the damages by excluding two devices.
Apple filed its conditional motion (seen in full below) with the U.S. District Court for the Northern District of California asking Judge Koh to reconsider her order granting a new trial on damages she tossed out that were related to the Galaxy S2 sold by AT&T and the Infuse 4G. The motion also asks that she reinstate the damages of $40,494,356 for the Galaxy S2 and $44,792,974 for the Infuse 4G.
Koh granted the new trial after determining that the jury improperly awarded Apple damages for Samsung sales before April 15, 2011, the date of Apple’s original complaint. Both parties have already agreed that both the Galaxy S2 AT&T and Infuse 4G were sold after April 15, 2011.
The patent infringement trial between Apple and Samsung came to a conclusion last August when the jury awarded Apple $1.05 billion in damages.
Conditional Motion for Reconsideration of Order Granting New Damages Trial
