Apple’s landmark $1 billion damages award over Samsung has been partially vacated by presiding judge Lucy Koh, FOSS Patents reports. The judge has orders just north of $450 million be struck from the $1 billion total, an amount which relates to 14 Samsung products involved in the case, pending a new trial to determine appropriate damages for those specific devices.



Koh said that a new trial has to be held to determine damages on those products, which include the AT&T Galaxy SII, the Galaxy Tab, Nexus 4G and others, based on the fact that the court isn’t able to make adjustments to the amounts owing based on infringement by those products for legal reasons. In the second trial, which will be decided by an entirely new jury, Apple could wind up being awarded more or less in damages based on their evaluation of the per-product cost of infringement for that group of Android smartphones and tablets.



Apple is still entitled to an award of $598,908,892 from the part of the damages decision that Koh has determined should stand, though FOSS Patents suggests that no actual money will change hands until the result of this new, second trial is decided. Apple will also be able to exercise its option to pursue additional damages based on post-judgement royalties, and pre-judgement interest, pending the new jury’s decision.

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