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Friday, 07 December 2012 10:39

Apple’s “landmark” case is coming unstuck

Written by Nick Farrell



Likely to go to appeal

For months the Tame Apple press has been telling the world how Jobs’s Mob had vanquished Samsung with a “landmark” court case in the US. Now it appears that judgement is fast coming unstuck with the Judge admitting that the jury had its figures ocked up when it awarded Apple a billion dollars worth of damages.

US District Judge Lucy Koh did not specify by how much she might shave the award, but during a marathon afternoon hearing in federal court in San Jose she said the jury had miscalculated damages. But this could be just the first thing to be unpicked in the case. Samsung has mounted an aggressive campaign to overturn the verdict, raising a host of legal issues including juror misconduct. The fact that the jury could not add for toffee seems to suggest that its claim that the Jury was corrupted by the antics of its foreman might stick in any appeal.

Samsung argued that the damage award should be reduced because the jury incorrectly calculated the amount. Apple asked the court to award $535 million more in damages because the jury found that Samsung had willfully infringed Apple's patents.
Apple also asked the judge to ban some Samsung products but the judge did not rule on that. The products are older models and would not dent Samsung sales.

Nick Farrell

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