POST 16: Apple Can Seek More Money From Samsung

http://www.fosspatents.com/2013/03/samsung-filing-confirms-apple-can-seek.html

It seems that the $1,000,000,000 dollars in damages that Samsung has payed to Apple may be just he beginning.  The California trial of Apple v. Samsung could lead to a damages award that is much greater than the original 1 billion dollar ruling. Earlier there were rumors that the 1 billion dollar verdict was cut down to only 600 million. Yet while the ruling was reduced, it actually allows Apple to gain more money from Samsung. 

"A new jury could theoretically even arrive at a higher number given that the first jury granted Apple only about 40% of what the court allowed it to present as a damages claim". Judges are gatekeepers with respect to what damages theories are presented to a jury, so Apple apparently had a plausible, defensible claim to a total of $2.5 billion. The jury sided with Apple on the vast majority of liability issues, but it didn't award Apple even half of what it legitimately asked for in damages."

The March 1 damages have shortened the product-specific periods of time in which Apple can seek new damages against Samsung basically. Apple could stand to not make back the 450 million dollars, yet they likely will. In fact, according to the article, its likely they will gain much more than the 450 million that they lost. I would not be surprised if they increase the damages to 700 million. That would make a damage verdict of 1.35 billion.  While this is certainly a steep price to pay, Samsung clearly stole from Apple. Even more so, Samsung looks like its going to dominate the smartphone market in the near future. 

While I think that a 1+ Billion damages verdict is fair in the case of Apple v Samsung, there should be limits when a large company is seeking damages against smaller companies.  Do you agree? Let me know.