Samsung ordered to pay up in smartphone battle with Apple

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Samsung ordered to pay up in smartphone battle with Apple

Judge Lucy Koh has upheld Apple's $1 billion jury verdict against Samsung, but spared Samsung treble damages for wilful infringement

In four orders delivered late Tuesday night, Koh said that a California jury's August verdict stands, but that Apple failed to prove that Samsung's infringement of its utility and design patents was intentional.

Apple had asked Koh to award an additional $400 million for wilful infringement to compensate for its loss of market share going forward.

But Koh said that Apple's arguments were "inconsistent". 

She wrote: "First, [Apple argues] that money cannot compensate Apple for the harm its lost market share may cause going forward, and second, that the Court should award $400 million to compensate Apple for lost market share. If an amount cannot be calculated to compensate for this loss, then it is unclear why $400 million would be an appropriate award."

Ars Technica author Joe Mullin said that Koh's order shows an attempt to limit the "crushing" effects of Apple's victory.

All four orders are available on Ars Technica. The decision is likely to be appealed.

Apple and Samsung are also battling in Japan over Samsung's August win in the Tokyo District Court.

more from across site and SHARED ros bottom lb

More from across our site

A team from Addleshaw Goddard secured victory for the changing robe brand, following a trial against competitor D-Robe
Bird & Bird, Brinkhof and Bardehle Pagenberg were successful at the Court of Appeal, while there was a partial victory for Amazon in a case concerning audio recordings
Following the anniversary of Venner Shipley and AA Thornton's merger, Ian Gill recalls the initial trepidation about working for his spouse and offers tips for those who may find their personal and professional worlds colliding
Two partners have departed DLA Piper to join Squire Patton Boggs and Blank Rome in San Francisco and Chicago, respectively
Practitioners say a 32% rise in court fees is somewhat expected to maintain the UPC’s strong start, but some warn that SME clients could be squeezed out
Swati Sharma and Revanta Mathur at Cyril Amarchand Mangaldas explain how they overcame IP office objections to secure victory for a tyre manufacturer
Claudiu Feraru, founder of Feraru IP, discusses the benefits of a varied IP practice and why junior practitioners should learn from every case
In the ninth episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss IP & ME, a community focused on ethnic minority IP professionals
Firms that made strategic PTAB hires say that insider expertise is becoming more valuable in the wake of USPTO changes
Aled Richards-Jones, a litigator and qualified barrister, is the fourth partner to join the firm’s growing patent litigation team this year
Gift this article