In a 32-page order, released today, the judge said she mostly agrees with the jury's decision in September that Samsung has violated Apple's design and utility patents. However, it did not agree with a conclusion - that Samsung "willfully" violated Apple patents.
What this means is that Apple will be able to triple damages. If Koh had agreed with the jury on this decision, Apple could gather up as much as three times in damages from Samsung.
The trial between the two technology giants wrapped in August, after the jury awarded $ 1.05 billion Apple damages. However, both parties were clashed in a final judgment on damages. Apple has tried to turn over $ 500 million, while Samsung has tried to shave $ 600 million. Koh wrote in his judgment to find that Samsung willfully infringed the patents, Apple would have to prove "by clear and convincing evidence that the infringer acted despite an objectively high likelihood that its actions constituted infringement of a patent valid. " Samsung argued that it did not think Apple patents were valid and therefore did not believe it was reached. Koh accepted the argument of Samsung for the "voluntary" standard.
Despite the decision Koh no 'voluntary' offense has been committed, it still maintains the jury's findings that Samsung did infringe Apple patents.
