Apple Vs Samsung, judge rules Samsung’s Infringement “Not Wilful”

North district of California’s federal  judge, Lucy Koh , ruled on Tuesday that Samsung infringement on Apple’s utility and patents design  as “Not Wilful”. The judge rejected Apple’s bid for additional damages apart from I Billion USD in the Apple Vs Samsung lawsuit.  The judge reasserted that Samsung did violate intellectual property of Apple.

This was a ruling of post trial in which the August Jury determination is partially countered, which found that Samsung had willfully violated 7 Apple’s utility  and design patents of which were iPad and iPhone’s designs and also UI elements. Apple was not found infringing on Samsung.

Judge Koh explained in an order constituting of 7 pages that to constitute the infringement as willful, apple must prove it with convincing evidence that must also be clear that there was a high likelihood that the rival company ‘s actions were of infringement of a valid patent. The judge explained that the violation was not willful.

The legal battles between the two rival companies started more than an year ago, and in august there was a trial. The jury which consisted of 9 members ordered Samsung to Pay $1.05 Billion, because the infringement was willful. This amount could have been three time more in Post trial deliberations.  In one post trial hearing in December, judge Koh  heard arguments from both the companies that the damages would be inappropriate or not if Samsung’s products be banned in the United States and if the jury’s decision needs to be discarded. The jury initially favored Apple more, but in post trial decisions Judge Koh reduced the damages for the South Korean company.

In the ruling giving on Tuesday, Samsung’s request for a new trial was not rejected and the judge ruled that Apple will not receive 3 times the original damage amount awarded.

Judge Koh also wrote that Apple has not clearly shown how it is undercompensated for the loss it has suffered because  of Samsung’s infringement on its designs. The judge wrote the court does not find it appropriate about a damages enhancement.

The judge explained that it Apple is arguing inconsistently, at first saying money cannot compensate for the harm it to face because of Samsung’s infringement and then requesting 400 million dollars in compensation.