It seems the idea that Samsung (SSNLF.PK) was getting off lightly after U.S. District Judge Lucy Koh eliminated almost half of the damages it owed Apple (NASDAQ:AAPL) was spoken too soon as the case could turn out quite differently.
While the original case ended with Samsung owing Apple $1.05 billion in damages for more than 28 different smartphones that infringed on Apple patents, Judge Koh later struck down the damages from 14 of the devices and put them off for a retrial.
Now it appears that those 14 devices — which made up less than half of the total damages — could turn out to be even more valuable for Apple than they had originally been. As Samsung wrote in a recent filing, “Apple can seek even more damages on these products in the new trial.”
What this means in dollars is that the $450 million that was removed from the original amount could turn into a significantly larger sum in the retrial. Based on the formula Apple supplied to value the damages, the jury in the first trial only awarded Apple about 40 percent of the maximum. Therefore, a retrial could see a much higher percentage — one that could exceed the original damages if Apple is granted 100 percent of the company’s estimate…
Seeing the penalty increase could be devastating for Samsung, as it is still working to appeal the remaining damages from the original trial. Conversely, Apple has a lot to gain from pushing for the maximum damages the second time around. However, it may be some time still before the retrial gets underway, as the appeals process for the first case has yet to fully get under way .
FOSS Patent’s Florian Mueller pointed out the potential turnaround for the vacated damages, and argued that many reporters and media officials were overly zealous in their reports that the Samsung lucked out with reduced damages, while very few reported that the damages could be increased in a retrial.
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