Samsung worried second damages trial could see Apple extract north of $1 billion

As you know, United States District Judge Lucy Koh shaved $450 million off the $1.05 billion verdict the jury handed to Apple in the high-stake Apple v. Samsung patent trial last August, citing “an impermissible legal theory.” She ordered a new trial for the remaining fourteen Samsung products and Nokia – of all companies – filed a brief with the appeals court on behalf of Apple, claiming Judge Koh got it all wrong. And in the latest twist to the ongoing legal saga, the South Korean conglomerate in court documents expresses worries that the second damages trial could see Apple win even more than before…

Whether or not the new trial results in a figure that is lower or higher than the $1.05 billion August 2012 verdict is up for speculation, but Samsung’s filing surely signals fear over its outcome.

According to patent blogger Florian Müeller’s post on his blog, FOSS Patents, a new Samsung filing confirms “Apple can seek even more damages in the new trial” because the first jury granted Apple only about 40 percent of what the court allowed it to present as a damages claim.

So what happens next?

There are three possible outcomes.

First, in which “the vacated amount of $450 million can theoretically be lost in its entirety,”Müeller assesses, noting such a scenario is “rather unlikely”.

Second, that $450 million may be lost in part (“far more likely”) or, third, it could also be replaced “with a greater amount,” he writes.

he total damages award “could  be substantially greater”, he opines.

Even after all of the necessary adjustments Apple will still be able to demand far more than $450 million with respect to the 14 “vacated damages” products. 

What Apple has at this moment is the $600 million part of the verdict which stands – unless, of course, the appeals court overrules Judge Koh’s ruling, which isn’t very likely at this point.

The second damages trial will involve the following Samsung gizmos: the Galaxy Prevail, Gem, Indulge, Infuse 4G, Galaxy SII AT&T, Captivate, Continuum, Droid Charge, Epic 4G, Exhibit 4G, Galaxy Tab, Nexus S 4G, Replenish and Transform.

Note that these products are mostly outdated, but such is the nature of our slow-paced legal system.

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