Tonight one of the big outstanding issues in the Apple vs. Samsung case came to a close when Judge Lucy Koh ruledthat Samsung's infringement of Apple patents was not in fact willful. At issue are the seven design and utility patents that the jury found Samsung had infringed in a $1.049 billion win for Apple last August. The jury had decided that Samsung's infringement in five of the instances had in fact been willful — a finding that could have led to a ballooning of the damages Samsung would be instructed to pay. As part of the post-verdict proceedings, Samsung's legal team asked Koh to consider whether this should be challenged. Judge Koh agreed.
As Koh writes in the ruling, for an ultimate finding of willfulness to hold, not only would the jury need to find that the infringement was willful, but Apple also needed to prove that there was an "objectively high likelihood that its [Samsung's] actions constituted infringement of a valid patent.”
Good, Apple already won big time being as they are, wanted more and more.