Patent Law

Apple awarded $290M in Samsung infringement-damages retrial; a 'speed bump' on the way to appeal?

A federal jury in California awarded Apple $290 million on Thursday in a damages retrial for Samsung’s infringement of five patents, bringing Apple’s total award in the case to $930 million.

The new award is closer to the $380 million sought by Apple than the $52 million figure suggested by Samsung, report the Wall Street Journal (sub. req.), the Recorder, Bloomberg News and the New York Times.

Last year jurors had awarded Apple $1.05 billion, but U.S. District Judge Lucy Koh ordered a retrial on part of the award—$450 million—because it was unclear how those damages were calculated, the Times says.

Samsung had tried to delay the trial on Wednesday, arguing the infringement was largely tied to Apple’s pinch-to-zoom patent that may be found invalid by the U.S. Patent and Trademark Office. The company had also sought a mistrial because of a remark during closing arguments by Apple lawyer Harold McElhinny. Samsung lost both motions.

Samsung lawyer Bill Price had argued McElhinny’s remarks were “appealing to race” when he recalled watching television on U.S.-made television sets as a youth. “But they didn’t protect their intellectual property,” McElhinny told jurors. “There are no American TV manufacturers today.”

Santa Clara University law professor Brian Love told the Wall Street Journal the companies will continue to do battle. The verdict is “a speed bump” on the way to an appeals court, he said.

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