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Samsung still owes Apple $119.6M after jury reshuffles damages

The jury awarded Apple $4 million in additional damages for one version of the Galaxy S2, but lowered the amount on another variant, leaving the total unchanged.

Shara Tibken Former managing editor
Shara Tibken was a managing editor at CNET News, overseeing a team covering tech policy, EU tech, mobile and the digital divide. She previously covered mobile as a senior reporter at CNET and also wrote for Dow Jones Newswires and The Wall Street Journal. Shara is a native Midwesterner who still prefers "pop" over "soda."
Shara Tibken
5 min read

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Attorneys for Apple and Samsung discuss the damages tally. Vicki Behringer

SAN JOSE, Calif. -- The latest clash in an epic legal war waged by Apple and Samsung ended with a whimper on Monday as the jury came back with a final decision that left the previously determined damages unchanged.

An eight-person jury on Friday returned a mixed verdict in this year's Apple v. Samsung patent infringement case over patents related to their smartphones and tablets. Samsung was found to have infringed three of Apple's five patents at issue and was ordered to pay $119.6 million, much less than the $2.2 billion sought by the maker of the iPhone. At the same time, Apple was found to have infringed one of Samsung's two patents and ordered to pay $158,400. Samsung was asking for $6.2 million.

However, Apple's attorneys disputed one of the damages figures, and Judge Lucy Koh ordered the jury to reconsider the figure Monday. It had awarded Apple no damages for one version of the Galaxy S2, but Apple believed it should be awarded some money for Samsung's infringement of the '172 patent. The jury had granted Apple $4.02 million for the Galaxy S2 Epic 4G Touch and $5.8 million for the Galaxy S2 Skyrocket.

The jury deliberated for two hours Monday before reaching its revised decision. The jurors increased some royalties due for certain models of the Galaxy S2 but lowered others. For the Galaxy S2, which originally had no damages for the '172 patent, the jury added $4.02 million, bringing the total for that device to $12.6 million. However, it lowered the damages due for the Galaxy S2 Skyrocket to $1.2 million from $5.8 for the '172 patent.

As a result, the overall damages total ended up the same as the jury had determined Friday.

"We agree with the jury's decision to reject Apple's grossly exaggerated damages claim," Samsung said in a statement Monday. "Although we are disappointed by the finding of infringement, we are vindicated that for the second time in the U.S., Apple has been found to infringe Samsung's patents. It is our long history of innovation and commitment to consumer choice, that has driven us to become the leader in the mobile industry today," the company added.

Apple v. Samsung 2014: The infringing devices (pictures)

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"Of course we're pleased that the jury awarded Apple 6% of what they were asking for," John Quinn, the lead attorney for Samsung, said Monday. "But even that can't stand, because Apple kept out all the real world evidence and didn't produce anything to substitute for it, so you have a verdict that's unsupported by evidence - and that's just one of its problems. In post-trial motions and on appeal, we will ask the judge and the federal circuit to cut the 6% verdict to 0, which is where it should end."

"We can keep fighting, or Apple can decide to go back to competing with Samsung in the marketplace," he added.

Apple reiterated its comment from Friday. "Today's ruling reinforces what courts around the world have already found: that Samsung willfully stole our ideas and copied our products," the company said Friday. "We are fighting to defend the hard work that goes into beloved products like the iPhone, which our employees devote their lives to designing and delivering for our customers."

Meanwhile, Judge Koh on Monday asked the two sides if they would consider mediation again. The parties noted that mediation hasn't worked in the past. Koh ordered the parties to appear in court in a couple weeks to discuss the issue.

Revised Apple v. Samsung verdict form