Apple Gets $290.5 Million In Damages From Samsung In Patent Penalty Review ... - Forbes

Updates to include breakout of jury award.

Apple was awarded $290.5 million in additional damages by a jury today as part of its 2012 patent victory over mobile device rival Samsung.

The award is less than the $380 million Apple was seeking, and it brings the company’s total award in the patent dispute with its South Korean competitor to more than $900 million. Samsung had argued in a San Jose, California federal court that it owed Apple only $52 million more in damages.

The damages stem from a highly-publicized patent trial held last summer before U.S. District Court Judge Lucy Koh. A jury found that Samsung had infringed on Apple’s patents for the iPhone and iPad and awarded the Cupertino, California-based company $1.05 billion in damages. But Koh said the jury had erred in calculating damages on 13 Samsung smartphones and tablets, called for a new jury trial and reduced Apple’s award to $600 million.

Legal experts say today’s decision by the jury of six women and two men doesn’t bring an end to the damages claim. Apple and Samsung are also scheduled to meet in court in March in a new trial before Judge Koh to examine more recent smartphones and tablets, including Apple’s iPhone 5 and Samsung’s Galaxy S III.

“While certainly a rousing victory for Apple, this is not over by any means. The $290 million awarded Apple by the jury is at the high end, much close to the number Apple was seeking,” said Anthony Michael Sabino, a professor at St John’s University’s Peter J. Tobin College of Business. “As such, it’s a virtual guarantee Samsung will appeal, not only on the legal points in a last ditch effort to totally avoid liability, but at the least to whittle down the dollar amount. Apple—don’t count your money yet!”

“Today’s damage award was much larger than Samsung had argued for, but still significantly less than the $400 million vacated by Judge Koh after the first trial,” said University of Notre Dame Law Professor Mark P. McKenna, who specializes in intellectual property, trademark, patent and copyright law, says… But this is surely not the end of this battle. We can expect Samsung to appeal, and for the PTO to continue to re-evaluate some of the Apple patents at issue.”

Apple based the $380 million in damages on lost profits of about $114 million, Samsung’s profits of about $231 million, and royalties of $35 million, according to CNET and the San Jose Mercury News. Apple also told the jury that it would have sold 360,000 iPhones and iPads if Samsung hadn’t released infringing rivals. Samsung argued that Apple shouldn’t get any money for lost profits, but said it was entitled to $52 million from Samsung’s profits and in royalty fees.

The jury said Apple was entitled to the most damages over Samsung’s Infuse 4G ($99.9 million), the Droid Charge ($60.7 million) and the Epic 4G ($37.9 million). The court filing with a breakout of the award is below.

This isn’t Apple’s only victory this week. On Nov. 18, the U.S. Court of Appeals for the Federal Circuit ruled that Apple could pursue an injunction to ban sales of infringing Samsung devices in the U.S. after overturning a lower court ruling.

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