Saturday, March 9, 2013

Judge Lucy Koh

rules jury must decide how much to pay for the crimes of the original test devices Samsung 14

The bitter battle between Apple and Samsung's patent smartphones that seemed determined for a price of $ 1.05 billion (? 698m) in U.S. courts last August is not over yet.

Judge Lucy Koh

Friday night hit $ 450 million grant to $ 1.05 billion, and ordered a new trial before a jury to decide how much - if any - Samsung must pay damages if infringement 14 for phones and tablets of the original box.

His decision not to revoke the decision of the jury in the first trial, the jury will only be used to determine the size of the damages and more than 14 other products were found to infringe any Apple patents the design or use, or both. It is almost certain that the damage caused by the new level Koh suggested - but we do not know if it reaches the same level as before, more or less

Apple

also entitled to interest on the total damages at the rate of U.S. Treasury bill (only 0.16%) for the period between the decision and the final judgment, and additional damage based on sales of Samsung devices infringe the verdict. Samsung claims that only three test devices are still on the market.

In the first trial, the jury decided that some products Samsung copied the look of the Apple iPhone 3G and also violated a "rubber-banding" patent when it comes to pass beyond the top from a list on the screen, and the "tap to zoom" function to enlarge the text on the screen with a double tap of the finger. While some - including Samsung - complained that the decision was rushed, reached after three days of deliberation, and controversial, Koh refused to turn

Koh made the following order requiring Apple and Samsung, respectively, upper and lower damage.

Koh urged Apple and Samsung are not in a second trial, but instead of finding a negotiated solution - a direction that Florian M?ller, an independent patent analyst, believes that both will take. "The trial of second damage is unlikely to occur, because in the meantime there will call that [already] been decided so far, and at some point, there will be an agreement," he told the Guardian.

also said it was unclear whether Apple has first contact Samsung certain alleged violations of patents -. This means that the starting date for the calculation of damages was clear

The titanic battle legal lasted three weeks, and I saw the jury decides that the demand for Apple were mostly correct - but did not agree that Samsung copied the shelves look of the iPad. Samsung counterclaim if Apple violated five of its patents on 3G and other functions, the jury rejected his claims



Since Samsung has organized a series of complaints against the jury's decision, and I tried to leave. It is separated from the decision of the Court of Appeal found that the decision to expel, and invalidated the patents in the case. While Apple is trying to increase the damage.
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