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May 24, 2013 -- Updated January 30, 2013 21:00 HKT

Apple NASDAQ:AAPL, $1-B+ Award Against Samsung PINK:SSNLF Left Intact


paul@livetradingnews.com
Posted on: Jan 30th, 2013

Apple NASDAQ:AAPL, $1-B+ Award Against Samsung PINK:SSNLF Left Intact

Apple Inc. $1.05-B damages award against Samsung Electronics Co. KS:005930 from its patent- infringement trial in San Jose, CA, was left intact after a judge denied Apple’s bid to increase the award.

US District Judge Lucy Koh in San Jose Tuesday declined to increase the award after she found Samsung’s infringement was not willful. The ruling was one of many post-trial decisions Koh issued Tuesday denying both companies’ bids for a new trial and leaving largely untouched the jury’s finding in August that Samsung infringed on 6 mobile-device patents.

“The court will not speculate as to how, precisely, the jury calculated its damages award,” Judge Koh wrote in her ruling. It is “reasonable to assume” that the award is “intended to compensate Apple for losses stemming from all of the violations the jury found.”

Judge Koh rejected Apple’s argument that jurors erred by finding Apple’s trade dress, or how a product looks, for the iPad and iPad 2 was not protectable.

The judge also denied Apple’s request that she overrule jurors’ conclusion that Samsung’s Galaxy Tab 10.1 did not infringe one patent covering the design of Apple’s iPad tablet computer. She found that 2 claims, or elements, of Samsung’s patent covering data transmission over wireless systems were invalid.

Judge Koh rejected Samsung’s argument that Apple’s patents may be “indefinite,” meaning that its claims, or elements, are not particular enough in describing the technology they covers

The judge denied Samsung’s request for a new trial.

Samsung spokesman Adam Yates declined to comment on any of Koh’s rulings, including whether the Suwon, South Korea-based company would attempt to make any new arguments based on the ruling that the infringement was not intentional.

Kristin Huguet, a spokeswoman for California based Apple, declined to comment on the rulings.











 

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 Paul A. Ebeling, Jnr.

Paul A. Ebeling, Jnr. writes and publishes The Red Roadmaster’s Technical Report on the US Major Market Indices, a weekly, highly-regarded financial market letter, read by opinion makers, business leaders and organizations around the world.

Paul A. Ebeling, Jnr has studied the global financial and stock markets since 1984, following a successful business career that included investment banking, and market and business analysis. He is a specialist in equities/commodities, and an accomplished chart reader who advises technicians with regard to Major Indices Resistance/Support Levels.

 

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