) could be on the cusp of an $85 million payday after uncovering
a potential error in its ongoing patent trial against Samsung.
Florian Mueller, Judge Lucy Koh "thought the jury had granted, on
the basis of an impermissible legal theory presented by Apple at
its own peril, $40,494,356 for the Galaxy S II AT&T (NYSE:
) and $44,792,974 for the Infuse 4G."
"But Apple points out that Samsung's own admissions concerning
the dates of first sale of these products as well as certain
exhibits consistent with those admissions prove that the relevant
theory -- disgorgement of profits for design patent infringement
-- was permissible," Mueller wrote.
"Therefore, 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
This is only the latest twist in the case, which has sparked
than Seth MacFarlane at the Academy Awards. Their battle has been
running strong for
more than two years
with no end in sight.
It was not always this way, however.
"Don't forget that, up until just before its [recent] suits
that were filed, Apple was not known as a company that filed
patent litigation," Cheryl Milone, a former patent attorney and
founder and CEO of
Article One Partners
(a patent validation community), told Benzinga. "It came up very
quickly. I know that, from the public's perspective (looking at
the news today), it looks unusual -- but it's not. These types of
patent wars have cycled through [other] industries, including the
In fact, Milone said that there is one worldwide auto brand
that conducts aggressive Freedom to Operate searches "to make
sure that when they produce a product, they are doing their best
to avoid infringement."
Milone would not indentify that automaker by name, but
investors may wonder if Ford (NYSE:
) -- which heavily invests in technology R&D and commands a
$1.5 billion licensing business
-- is the company in question.
Regardless, automakers have generally moved away from patent
litigation. The same cannot be said for the tech industry. Milone
thinks that will change in the future, but it could take some
Louis Bedigian is the Senior Tech Analyst and Features Writer
of Benzinga. You can reach him at 248-636-1322 or
firstname.lastname@example.org. Follow him
(c) 2013 Benzinga.com. Benzinga does not provide investment
advice. All rights reserved.
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