Koh also denied a request by Apple to increase the damage award. "Because the court has identified an impermissible legal theory on which the jury based its award, and cannot reasonably calculate the amount of excess while effectuating the intent of the jury, the court hereby orders a new trial on damages," Koh wrote in a 27-page opinion.
Koh did not set a new trial date, but encouraged Apple and Samsung to appeal the decision before a new date is set.
In a high-profile trial between the longtime collaborators in San Jose last year, Apple scored a significant legal victory when the jury ruled that Samsung must pay Apple $1.05 billion plus a verdict of willful infringement on many counts. Apple had been seeking as much as $2.71 billion in damages.
The nine-person jury found that many Samsung phones violated most of Apple's two design and three utility patents. However, the jury found that Samsung's tablets do not infringe Apple's iPad design patent. Related stories:
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