Ina Fried

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Jury Slightly Lowers Apple-Samsung Verdict After Inconsistencies Noted

Judge Lucy Koh said Friday that there were inconsistencies in the jury verdict that found Samsung infringed several Apple patents and awarded more than $1 billion in damages.

There are at least two problems with the verdict, Koh said. For the Galaxy Tab 10.1 4G LTE, the jury found no infringement or inducement but awarded damages. On another count, the jury found no infringement of Apple’s utility patents but found inducement of infringement, a combination not possible according to Koh’s jury instructions.

Koh sent the jury back down to clarify those two points, though both issues would not seem to affect the bulk of the ruling. The jury left the courtroom and is expected to return shortly.

Earlier on Friday, the jury ruled that many — but not all — of the Samsung phones and tablets at issue infringed on various design and utility patents. It also found some Samsung phones guilty of infringing on Apple’s protected “trade dress” for the iPhone.

The jury, meanwhile, denied Samsung’s countersuit that accused Apple of infringing on its patents.

Update, 5:30 pm PT: The jury has sent a note seeking clarification of just what the inconsistencies were with the verdict. Koh is now drafting an answer, with guidance from the lawyers. Looks like it is going to be a late night.

5:50 pm PT: Jury has a revised verdict, Koh informs courtroom.

5:54 pm PT: Jury back with revised verdict, finds no inducement on the patent in which it found inducement but no infringement. That brings the total damage amount down to $1,049,343,540.

6:00 pm PT: Jury now being excused and told they can choose to speak — or not — to the media and the lawyers in the case.

6:01 pm PT: Koh now asking what sorts of post-trial motions each side will make. Apple, of course, wants damages increased and an injunction against infringing Samsung products.

Samsung wants any injunction put on hold until it can make its other legal motions, but Koh indicates she wants a hearing on a preliminary injunction sooner.

Apple versus Samsung Full Coverage


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