Lawyers in the case, which is likely to be headed for appeal, challenged the jury to calculate as to whether the U$1.05 billion payment in damages by Samsung was justifiable based on the reparation for each model and the South Korean company’s alleged infringement on Apple’s design and utility patents.
Jurors had earlier considered the profits made by Samsung on each phone even as Apple lost profits and patent royalty fees.
Samsung says the damages awarded were exaggerated while according to Apple, it was not enough, further asking the court to ban sale of 26 affected phones in the U.S.
In the case where Samsung prevail was accused by Apple of infringing on utility and patents, Judge Koh sided with Samsung on the view that the jury’s awarded damages considered both Samsung profits and Apple’s losses while by law they were required to take into account only Samsung’s profits.
"It appears the damages award is not authorized by law for this product," she said.
Samsung also debated on the specifics of each award bringing the case down to whether the damages should be recalculated to correct the affected items thrown out.
However, what is likely to illicit most debate is Apple’s argument that Samsung’s infringement was willful, allowing the judge to triple the damages to $3.15 billion.
“We're looking at Samsung's state of mind. This was an intentional attempt by Samsung to copy an electronic product that they knew was covered by literally thousands of patents," said Harold McElhinny, who is representing Apple.
Judge Koh said she is seeking a closure of the case for the sake of the consumer and the industry.
“If there is any way this court can facilitate some sort of resolution, I’d like to do that. I think it would be good for consumers and good for the industry,” Koh said.