by: Kelly A. Williams, a shareholder at Picadio Sneath Miller & Norton, P.C.
Thus, the court ordered a new trial on damages for the following products: Galaxy Prevail, Gem, Indulge, Infuse 4G, Galaxy SII AT&T, Captivate, Continuum, Droid Charge, Epic 4G, Exhibit 4G, Galaxy Tab, Nexus S 4G, Replenish, and Transform. The jury award stood for the remaining 14 products as well as $598,908,892.00 of the original award.
Additionally, the court denied Apple’s attempt to increase the amount of damages. Judge Koh cited the longstanding rule that the Seventh Amendment prohibits a judicial increase in a damages award made by a jury. Apple argued that rule did not apply because there was no dispute about the proper amount of damages, but the court disagreed. However, the court did determine that supplemental damages for infringing sales that were not considered by the jury because the sales occurred after the trial had concluded was appropriate. The court decided to delay the consideration of the amount of these damages, however, until after the completion of appeals in the case.