What does Judge Koh have in mind?

By Kim Yoo-chul

It has all the elements to be a hit drama of epic scale, including a star cast, except anybody interested will risk being sued for pilfering intellectual rights.

The Samsung-Apple fight can be seen as taking litigation to the point of frivolity, according to some. Others disagree, saying that it is Apple defending what lawfully belongs to it.

Now, the decision, at least in the first round of their fight, lies in the hands of U.S. Federal Judge Lucy Koh, who will rule on a $1.05 billion verdict made by a jury in San Jose, Calif. Her ruling is expected on Dec. 6.

Experts say that she will reduce the size of the punitive damages.

Basically, their argument is based on two factors.

First, it relates to jury foreman Velvin Hogan, who some say is caught in a conflict of interests. He was involved in a legal dispute with Samsung client Seagate in 1993.

Secondly, it is about the amount of damages Samsung is to pay, based on big profits from its Galaxy line sales, when in fact only a portion of them should have been taken into consideration.

Intellectual property consultant Florian Mueller says adjustments are possible, agreeing to some extent that Hogan was disqualified. According to him, Apple wants to differentiate itself and is trying to find out which of its patents strike the right balance.

Mueller also said Koh has done everything humanly possible to preside over the dispute fairly.

She recently ordered Apple to publicize its key financial data by the judge, which would hurt its decades-long secrecy policy.