U.S. District Court Judge Lucy Koh has ruled that $450 million of the original $1.05 billion judgement awarded to Apple by the jury was based on “impermissible legal theory.” Just like that, what would have been history largest patent trail award was nearly halved.
The original case was ultimately decided on 28 infringing products. Judge Koh is ordering a new damages trial on 14 of the 28 items “because the court has identified an impermissible legal theory on which the jury based its award, and cannot reasonably calculate the amount of excess.” Of course for now, the remaining $599 million in damages on the other 14 products is still in effect. However, Koh has requested that a new damages trial take place after the entire case is heard on appeal at the U.S. Court of Appeals for the Federal Circuit. Time will tell if the previous rulings are vulnerable on the remaining 14 items also when heard by the nation’s top patent court. Stay tuned…..