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View Count: 87 |  Publish Date: November 21, 2013
Apple Wins $290 Million From Samsung in Patent Retrial
By Joel Rosenblatt - 2013-11-21T20:59:15Z Stock Chart for Samsung Electronics Co Ltd (005930)
Apple Inc. (AAPL) won more than $290million in damages from Samsung Electronics (005930) Co. for patentinfringement in a do-over trial that restored most of the amountcut from the iPhone maker’s jury victory in 2012.
A jury of six women and two men decided the damages amounttoday after a week-long trial in federal court in San Jose,California, where Apple won a $1.05 billion verdict againstSamsung last year over copying of technology used insmartphones.
U.S. District Judge Lucy Koh cut $410.5 million in Marchafter finding the original verdict was flawed because jurorsmiscalculated the period that the infringement occurred for 13Samsung devices. In the retrial, Apple sought to restore$380 million of the amount cut, while Samsung recommended thatthe jury award $52 million.
Apple has won almost $1 billion from Samsung “and has thepossibility of winning an injunction against infringingdevices,” said Carl Howe, an analyst with Yankee Group.“Samsung may consider patent infringement simply a cost ofdoing business -- fair enough,” Howe said. “However, I thinkthe costs in public perception will end up being higher, andwill force Samsung to do things differently in the future.”
On its own, today’s verdict is the fifth-largest jury awardin the U.S. in 2013, according to data compiled by Bloomberg.It’s the largest jury award this year in a patent case.
The verdict includes a breakdown for damages for the 13Samsung devices covered by the retrial, including almost $100million for Samsung’s Infuse 4G.
In closing arguments, Apple lawyer Bill Lee of WilmerHale,employing a tactic that proved successful in the 2012 trial,urged jurors to focus on documents that he said revealedSamsung’s motive for copying, including a Samsung executive’s e-mail lamenting that the company was experiencing a “crisis ofdesign” due to competition from the iPhone. Damages ‘Windfall’
Bill Price of Quinn Emanuel Urquhart & Sullivan LLP, anattorney for Suwon, South Korea-based Samsung, told jurors toresist Apple’s “emotional” argument. In his opening andclosing arguments, Price argued Apple sought a “windfall” ofdamages based on its attempt to patent “beautiful and sexy,”when in fact the patents at issue are “very narrow.”
While Koh rejected Apple’s bid after the 2012 verdict for aU.S. sales ban on infringing Samsung devices, a federal appealscourt on Nov. 18 cleared the way for the Cupertino, California-based iPhone maker to pursue an injunction targeting some of itsrival’s products.
The U.S. Court of Appeals for the Federal Circuit inWashington said that Apple can tailor its request to focus oninfringement of patents covering smartphone features, such asmultitouch technology, that were at issue in the 2012 trial. Thecompany can’t block Samsung products for infringing patenteddesigns, according to the opinion. Another Trial
The jury’s damages verdict today concludes the first U.S.case between the two companies over claims they are copying eachother’s features in their global battle for dominance of thesmartphone market. A higher-stakes trial between the world’s twotop smartphone makers is scheduled to go before Koh in March.That case covers technology in newer smartphones, includingApple’s iPhone 5 and Samsung’s Galaxy S III.
Apple rose 1.1 percent to $520.54 at 3:48 p.m. in tradingin New York.
The case is Apple Inc. v. Samsung Electronics Co. Ltd., 11-cv-01846, U.S. District Court, Northern District of California(San Jose).
To contact the reporter on this story:Joel Rosenblatt in San Francisco at jrosenblatt@bloomberg.net
To contact the editor responsible for this story:Michael Hytha at mhytha@bloomberg.net

Keywords:
 Apple   case   damages   devices   infringement   iPhone   jury   patent   Samsung   Samsung Electronics   smartphone   trial   Verdict   won 

Picture Keywords
 Apple   case   damages   devices   infringement   iPhone   jury   patent   Samsung   Samsung Electronics   smartphone   trial   Verdict   won 
Time: 22:18  |  News Code: 349287  |  Site: bloomberg
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