Judge Koh has ordered a new trial to ascertain claims and damages of the portion that she took out from the jury award. According to Koh a new trial was required to determine the damages amount properly as the jury had committed errors in calculating the part of damages for which she ordered a new trial.
Lamentably, on Friday, Apple moved to have the jury damages award increased. Judge Koh, rejected that motion, put a $450.5 million portion of the jury award under question by mandating a retrial.
In her ruling, Koh said, “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.”
While the ruling did not turn the case in Samsung’s favor, it does provide Samsung a respite and the trial can drag on for years.
Judge Koh was fair enough to also indicate that Apple was entitled to additional damages over sales since the jury’s decision.
Judge Koh expressed her disappointment in her 27-page decision and said the jury had failed to follow her instructions while calculating damages over utility patents. Criticizing Apple’s use of an expert who had calculated damages from an “aggressive notice date,” Koh wrote, “The need for a new trial could have been avoided had Apple chosen a more circumspect strategy or provided more evidence to allow the jury or the court to determine the appropriate award for a shorter notice period.”
In an official statement, a Samsung spokesman said the company welcomed the decision and Samsung would be seeking further review of the remaining portion of the jury award.