NetGuide NZ - Just desserts in Apple crumble?

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Just desserts in Apple crumble?

The presiding judge in the now famous Apple v Samsung patent-infringement case has slashed the awarded damages by US$450m, in a significant move for the lawsuit.

Judge Lucy Koh, who initially awarded Apple US$1bn in August last year, made the ruling after claiming the court's decision was based on an "impermissible legal theory", which dumbed down essentially means ‘a whole load of bollocks’.

Vacating $450,514,650, to be exact, Judge Koh struck off 14 Samsung products due to uncertainty over the intellectual property rights it is alleged to have breached.

The devices includes the 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).

"It is not the proper role of the court to second-guess the jury's factual determination as to the proper amount of compensation," said Judge Koh.

In court speak that means a lack of clarity = a lack of cash.

But continuing to slap the Cupertino company hard in the face, Judge Koh also ordered a retrial to focus on reexamining other decisions on a range of Samsung products.

The proverbial can has now opened and it appears a whole load of proverbial worms will follow, given 45% of the original compensation to Apple has now been deemed unreliable.

Ramifications for such a cock-up include the previously mentioned retrial and mega cash savings, but more importantly for Samsung, a chance to resume proceedings on an even keel following a judicial blunder.

The other 55% of the pile still remains up for grabs however. The key role for Judge Koh and the trial's new jury will now be centered on determining whether the remaining products left in the case are tarred with the same brush - which is currently the subject of an appeal.

Going out on a limb, putting my cards on the table and taking the bull by the horns (enough cliches?), Apple's settlement will continue to dwindle away, rendering this whole episode a blatant waste of time.

The key decider in whether Apple receives a dime now falls on the infamous 915 patent.

Covering the "pinch-to-zoom" gesture which changes the scaling of displayed content, if this patent becomes invalidated, which it is in the process of, then the damage award will relentlessly rumble on.

Apple had yet to receive a cent of the original $1.05bn award, and it now seems unlikely it will physically collect any cash before or after the upcoming resolution.

Do you think Judge Koh was right to slash Apple's damages? Tell us your thoughts below

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