With that in mind (or not) the jury, who found that Samsung's infringement of the patents was wilful in that Samsung knew or should have known that its actions constituted infringement of Apple's three patents, returned a verdict that Samsung should pay Apple a total of $1.05bn in damages (see page 16 of the jury verdict form). Although less than the original $2.75bn Apple requested, the $1.05bn damages award represents the fourth largest jury award in a patent case ever.
Judge Koh of the Ninth Circuit has since scheduled a 20 September hearing date for Apple's request for an injunction against Samsung's ongoing infringement of the patents. The products in question, as set out in Apple's filing, are likely to include the Galaxy S 4G, Galaxy S2 (AT&T, Skyrocket, T-Mobile and Epic 4G models), Galaxy S Show case, Droid Charge and Galaxy Prevail.
It is expected that Samsung - who said that this verdict "is not the final word in this case" - is likely to appeal the verdict either by filing a motion for judgment against the verdict (whereby the presiding judge may reverse or amend a jury verdict, otherwise known as "judgment notwithstanding the verdict": this is unlikely) or an appeal to the Court of Appeals for the Federal Circuit (otherwise known as the CAFC, where the wonderful Judge Rader presides: more likely). If Samsung (or Apple) appeals, payment of the $1.05bn damages figure will be stayed pending the appeal, though interest will accrue.
But how were the jury, after only two and half days of deliberations, able to calculate that the lost profits attributable to customer demand for the patented features in the Galaxy S II (Epic 4G Touch)(JX 1034), for example, were $100,326,988? Can we see your workings, please?
Perhaps, as with damages awards generally, this has very little to do with actual calculations based on convincing economic evidence of market demand of the patent features, but more to do with "what feels right" in the case.
For nine Californian jurors from the state which launched Apple and who, like the rest of the US populace, have most likely been indoctrinated into coveting American Apple products in preference to those of the South Korean Samsung, perhaps a finding of rampant infringement with a $1.05bn damages price-tag just "felt right" - but it doesn't mean that it is just or correct. Contrary to the position taken by our American cousins as to their right for jury trials, does this jury verdict strongly argue against the case for jury trials? µ
This article first appeared on LegalWeek.
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