FORTUNE -- When Judge Lucy Koh last month ordered a new trial to determine the proper damage award for 14 of the 28 Samsung devices found by a jury last summer to have infringed Apple (AAPL) patents, nearly every reporter covering story followed Reuters' lead:
Almost lost in the flood of "Apple setback" headlines was the lone voice of FOSS Patent's Florian Mueller, who pointed out that what was being described as a drastic cut in a $1.05 billion award could, in theory, turn out to be an increase.
"The second damages trial over the 14 products," he wrote at the time, "could result in a figure that is lower or higher than (or, theoretically but unlikely, identical to) the one reached by the jury in August."
One month later, his analysis has received a measure of vindication from, of all places, a late-Friday filing by Samsung's lawyers:
"Apple," they wrote, "can seek even more damages on these products in the new trial."
How did the press get it so wrong? Mueller, who writes that he sometimes feels he's swimming against a tide of anti-Apple zealotry, puts it this way:
"There are three kinds of people who are responsible for the widespread misconceptions concerning a 'slashing' or likely reduction of the damages award:
See: Samsung filing confirms 'Apple can seek even more damages [than $1.05 billion] in the new trial'
For Samsung, even March 2014 is too early for Apple's case against the Galaxy S3
FORTUNE -- When we reported last September that that Apple (AAPL) had added Samsung's flagship Galaxy S3 to a patent infringement suit scheduled to go on trial in March 2014, some readers thought the trial date was typo.
After all, Apple had filed this second suit -- not be confused with the one that ended in August MORE
Philip Elmer-DeWitt - Mar 8, 2013 8:12 AM ET
But the new trial ordered on 14 disputed Samsung devices could restore the full award
FORTUNE -- Six months after a jury awarded Apple (AAPL) $1.05 billion in its landmark patent infringement suit against Samsung, the judge in the case finally sorted through the paperwork and issued what amounts to a split decision.
In a 27-page order released Friday, Judge Lucy Koh vacated $450 million of the original award and ordered a MORE
Philip Elmer-DeWitt - Mar 1, 2013 4:05 PM ET
Judge Koh wants a 2014 trial frozen until appeals from a 2011 complaint are exhausted
FORTUNE -- In July 2011, Motorola (GOOG) filed a complaint in Germany's Mannheim District Court charging that Microsoft's (MSFT) Xbox was infringing two of its video-coding patents. In May 2012 -- less than nine months later -- the court granted an injunction.
Contrast that with Judge Lucy Koh's federal court in the Northern District of California.
In April 2011, three MORE
Philip Elmer-DeWitt - Feb 17, 2013 2:45 PM ET
Apple wanted the award tripled. Samsung wanted it thrown out. The Judge did neither.
FORTUNE -- After the jury turned in its verdict in the patent trial of the century -- ordering Samsung to pay Apple a record $1.05 billion in damages -- both sides submitted a long list of motions to modify or overturn one or more of the jury's findings. Two stood out:
Apple (AAPL) claimed it was entitled to MORE
Philip Elmer-DeWitt - Jan 30, 2013 6:03 AM ET