Apple says judge erred in cutting Samsung damages

Apple is trying to show Judge Lucy Koh the error of her ways.

On March 1, Koh removed $450.5 million from the original $1.05 billion judgment against Samsung and called for yet another trial to recalculate the damages.

But now Apple is crying foul, saying that the judge made a mistake in reducing at least part of the damages that Samung was ordered to pay following last year's patent infringement trial.

In challenging the judge's action, Apple says that two Samsung smartphones -- the Galaxy S II from AT&T and the Infuse 4G -- were sold within the allowed period for design patent infringement. That contradicts Judge Koh's findings, says Foss Patents' Florian Mueller.

As such, the number of products to be included in the damages award should increase to 16 from 14, according to Apple. That would then raise the affirmed damages to $685 million from $600 million, which represents almost two-thirds of the full $1.05 billion. In its own filing, Apple has asked the court to reconside... [Read more]