Apple Alleges $85 Million Error In Court Damages Order
Samsung can’t seem to shake Apple off its back and although damages of $599 million were awarded to Apple, the tech giant still isn’t satisfied. In documents filed by Apple, they claim Judge Lucy Koh made an $85 million error in calculating damages. Supposedly, Koh thought the jury had granted $44,792,974 for the Infuse 4G and $40,494,356 for the Galaxy S II on AT&T, Florian Mueller reports for FOSS Patents. However, according to Apple, Samsung’s own statements prove that “disgorgement of profits for design patent infringement”, were permissible.
“The number of products for which the damages award can stand would go up from 14 to 16, while the number of products for which a new determination is needed would go down from 14 to 12. The affirmed damages award would increase from $600 million to $685 million, almost two thirds of the $1.05 billion verdict”.
Apple now seeks the court’s permission to bring a motion for reconsideration, though the request to bring such a motion is, for the time being, conditional.
Apple’s conditional motion cites Civil Local Rule 7-9(b)(3). The related rule of the Northern District of California allows a motion for reconsideration in the event of “[a] manifest failure by the Court to consider material facts or dispositive legal arguments which were presented to the Court before such interlocutory order”.
This is getting interesting!
