Jan 30 2013, 5:00am CST | by Mark Raby
US District Court Lucy Koh is back in the headlines. Gaining fame for her presence as the presiding judge for the precedent-setting Apple v. Samsung patent infringement trial, she still has a lot of post-verdict work to accomplish. Part of that involves figuring out exactly whether or not Samsung willfully copied Apple's patents without the company's consent.
That is a major factor in determining how much in damages can be awarded, and it is also a factor in deciding whether or not the case is eligible for an appeal.
So, in what can only be described as a small victory for Samsung at this point, Koh has determined that it did not willfully infringe on Apple's patents. The jury's decision that there was in fact patent infringement, however, still stands.
If Koh had agreed the Samsung's patent infringement was willful, Apple would have been eligible to receive up to three times the damage award.
Koh wrote that for Apple to have successfully proven willful intent, it would have had to prove "by clear and convincing evidence that the infringer acted despite an objectively high likelihood that its actions constituted infringement of a valid patent."
The damage amount that the jury awarded was an astonishing $1.05 billion, owed by Samsung to Apple. Samsung is aggressively working to either get that reduced, or to have an appeals court look at the case. Apple, meanwhile, had been trying to vault the award even higher.
It seems unlikely that the latter will happen based on Koh's recent ruling. It isn't the last we've heard from her, though. There are still administrative processes to go through before Apple can even begin demanding payment from Samsung.
With more than 10 years as a professional writer, Mark Raby has an undeniable pulse on the latest trends. From the quiet rumors to the breaking news of the day, his eagle eye is always focused on the newest scoop and figuring out how and why the big newsmakers are noteworthy and relevant. He is based in New York City.
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