It looks like Apple has just gotten its hand slapped away from Samsung's cookie jar – according to a report this morning on AllThingsD. Judge Lucy Koh, the judge overseeing the Apple-Samsung patent trial threw out part of the billion dollar verdict Apple had previously won in the long-running case and ordered a new trial to determine damages for patent infringement. The decision on Friday affects around $450 million of the $1.05 billion awarded by a jury.
"Because the Court has identified an impermissible legal theory on which the jury based its award, and cannot reasonably calculate the amount of excess while effectuating the intent of the jury, the Court hereby orders 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," Koh wrote in her ruling.
If Apple and Samsung can't come to some sort of agreeable settlement, a brand new trial will have to be held to once again determine what Samsung owes Apple for infringement of the products mentioned in Judge Koh's order, as opposed to the $450 million awarded by the initial jury in the case. The judge disagreed with how the jury calculated the amount of damages, but did not throw out their decision on the infringement. Koh did not rule against determination on 14 other products, upholding nearly $600 million in damages.
In a statement to AllThingsD, Samsung praised Koh’s verdict on Friday:
"Samsung intends to seek further review as to the remaining award," the company said. "We are also pleased that the court earlier found that Samsung had not acted willfully, denied Apple’s request for a permanent injunction, and denied Apple’s motion for increased damages."
You can read the whole ruling (PDF) here.