Contending that the judge presiding over its patent lawsuit against Samsung erred, Apple has asked that $85 million in dismissed damages be reinstated.
In a March ruling in the landmark case, U.S. District Court Judge Lucy Koh cut damages on some Samsung products found to infringe Apple's patents, carving $450.5 million off the original $1.05 billion judgment and calling for a new trial on the damages to recalculate them. However, Apple has complained that Koh made a mistake in reducing at least part of the damages by excluding two devices.
In an effort to get those damages reinstated, Apple filed a conditional motion (see below) this evening with U.S. District Court for the Northern District of California asking Koh to reconsider her order granting a new trial on the jury-awarded damages she tossed related to the Galaxy S2 sold by AT&T and the Infuse 4G. The motion also asks that she reinstate $40,494,356 for the Galaxy S2 and $44,792,974 for the Infuse 4G.
Koh granted the new damages trial after determining that the jury improperly compensated Apple for Samsung sales before April 15, 2011, the date of Apple's original complaint. Both parties have already agreed in a joint pretrial agreement that both Galaxy S2 AT&T and Infuse 4G were sold after April 15, 2011, a stipulation Apple called "binding and conclusive on the factual issue."
CNET has contacted Samsung for comment and will update this report when we learn more.
The patent infringement trial between Apple and Samsung ended last August after the jury awarded Apple the $1.05 billion in damages.