After Judge Koh ordered Samsung to shell out a whooping $1.05 billion to Apple against various patent infringement charges pressed by Apple there was a twist in the tale last week. Due to uncertainty in certain device claims Judge Koh ordered a review of part of the case primarily considering of 9 devices belonging to Samsung and further compensate the decision Judge Koh ordered a new trial for the $450 million associated with those 9 devices.
Bloomberg reports that Samsung now intends to take further advantage of the situation by appealing further review agains the current $600 million penalty as well. Samsung’s spokesman Nam Ki Yung said in an email statement that Samsung is pleased with Judge Koh’s award and they would seek further reviews as to the remaining awards.
Both the companies should consider appealing her ruling before the trial begins, the judge said.
A witness for Apple whose testimony the jury relied on “presented a theory that the court had ruled legally impermissible,” Koh said in her ruling. The judge said despite her explicit instruction that the theory couldn’t be used, “the amount of the award made plain that the jury had applied the impermissible theory anyway.”