A federal jury in the Apple-Samsung case delivered a mixed verdict Friday.
The panel ruled that various Samsung products infringed on two patents that Apple had sued over in its latest patent case and found damages on a third patent, awarding more than $119.6 million in damages. However, it found Apple did not infringe on two other patents and also awarded Samsung $158,400, saying Apple infringed on a Samsung patent.
The jury found all accused Samsung phones infringed on the first patent at issue, the ’647 “quick-links” patent, but the devices did not infringe on two others related to universal search and background synchronization. For the ’721 “slide-to-unlock” patent, it ruled some Samsung products infringed, while others did not.
For a fifth patent, the judge had ruled that Samsung’s products infringed on the Apple patent, and the jury determined that infringement was willful.
Meanwhile, the panel ruled that Apple violated one of two Samsung patents that the company had countersued over, but ruled the infringement was not willful and awarded only the $158,400.
A discrepancy on the verdict form, however, means the panel will have to come back on Monday to clarify the verdict. (see updates below.)
The verdict was reached after three full days of deliberations, with a retired IBM business unit executive serving as the foreman of the four-man, four-woman jury.
Apple had been seeking $2.2 billion in damages, while Samsung argued that it owed at most $38 million or so, not that it believed it infringed Apple’s patents in the first place. It was also seeking about $6 million from Apple in its countersuit.
The $119.6 million is also far less than Apple got in its last case against Samsung, where two juries in the same courtroom awarded nearly $1 billion in damages. With Samsung continuing to gain ground in the market–and courts so far having been unwilling to order its products be changed or taken off the market–a strong case can be made that Samsung has already outflanked Apple in the ongoing legal battle.
And of course, both sides will likely ask Judge Lucy Koh to set aside the latest verdict and, failing that, will appeal the jury’s verdict.
That said, Apple praised the ruling.
“We are grateful to the jury and the court for their service,” Apple told Re/code. “Today’s ruling reinforces what courts around the world have already found: That Samsung willfully stole our ideas and copied our products. We are fighting to defend the hard work that goes into beloved products like the iPhone, which our employees devote their lives to designing and delivering for our customers.”
Representatives of Samsung and Google were not immediately available for comment. However Google appeared to come out a winner; it had agreed to provide indemnity to Samsung with regard to two patents at issue, both of which the jury ruled were not infringed.
The jury heard more than 50 hours of testimony in all, as well as opening and closing statements.
Update, 6:05 p.m.: Apple has identified one product found to infringe for which no damages were awarded; Judge Koh says the jury will be asked to clarify that point. Given the lateness of the hour, the jury will have half an hour tonight or it will have to come back on Monday.
6:30 p.m.: The jury decides it would rather settle things after the weekend, so they will be back at 9 a.m. Monday.
Samsung’s outside attorney, John Quinn, declined to comment on the damages award, noting the verdict is not yet final given the discrepancy still to be addressed by the jury. Google has also declined to comment.
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