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Old Apr 30, 2013, 02:25 PM   #1
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New Damages Trial in Apple v. Samsung Set for November




Samsung and Apple will be heading back to court in November for a partial retrial, reports FOSS Patents. The trial follows judge Lucy Koh's March ruling that struck $450 million from the $1 billion in damages that were awarded to Apple last August, on the premise that the original damages may have been miscalculated by the jury.

According to Koh, the original jury may not have had a clear understanding of the patent issues, which resulted in a lump sum award that did not distinguish between patent violations, making it impossible for the court to determine which part of the damages were applicable to each patent.


Scheduled for November 12, the new trial could result in an award that favors either Apple or Samsung, depending on whether the amount is more or less than the original $450 million. The trial will be limited to the same evidence used in the original trial, which means neither Samsung nor Apple can introduce new information.
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The new damages trial will take place on November 12, 13, 14, 15, and 18, 2013. Eight jurors will be selected, and for the purposes of their new damages verdict, the first jury's infringement findings will be law of the case, as the court rejected Samsung's argument that a new trial also has to re-evaluate liability issues.
Though a trial will determine how much (or more) of the $450 million Samsung is required to pay, Samsung is still responsible for the remaining $600 million from the original jury decision. Apple will also request both interest and supplemental damage, which could cost Samsung even more.
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Apple wants prejudgment interest and supplemental damages (damages covering the period between the jury trial and the final ruling), and it's undoubtedly entitled to both, but the court won't determine the amount (which won't be substantial compared to the overall set of issues in this case) until after the appeal from a final ruling following the second trial.
Samsung requested a stay on the case in order to reexamine two Apple patents on rubber-banding and pinch-to-zoom that have since been preliminarily invalidated, but the request was denied. Koh did say, however, that a final ruling from the U.S. Patent and Trademark Office could change her mind.

The two companies also have a separate 12-day trial scheduled in March of 2014 to investigate additional patent infringement claims.

Article Link: New Damages Trial in Apple v. Samsung Set for November
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Old Apr 30, 2013, 02:27 PM   #2
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Does anyone care anymore?
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Old Apr 30, 2013, 02:27 PM   #3
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Samsung is risking another billion. Good. Love them to get what the copycat deserves.
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Old Apr 30, 2013, 02:30 PM   #4
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None of that seems to say to me that Samsung has to pay the $600m right now pending further sums as determined. The day of reconing seems to be delayed indefinitely despite the judgment and post judgment rulings substantiating the first $600m
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Old Apr 30, 2013, 02:33 PM   #5
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I can understand why Apple may want or even think they are entitled to interest. But given that the judgement amount is still under question (regardless of what part isn't) - I don't think they are or will get it.

This is what happens when you roll the dice and play the litigation game (both parties).
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Old Apr 30, 2013, 02:34 PM   #6
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Hooray for Jury Nullification!
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Old Apr 30, 2013, 02:34 PM   #7
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The cost of lawyers is most likely over the cost of damages already anyways.... this will never end.
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Old Apr 30, 2013, 02:34 PM   #8
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Originally Posted by mabaker View Post
Samsung is risking another billion. Good. Love them to get what the copycat deserves.
Well, they're not, and Judge Koh has already decided that the $1 billion was excessive.
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Old Apr 30, 2013, 02:36 PM   #9
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Are these companies trying to put themselves in the tank?
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Old Apr 30, 2013, 02:39 PM   #10
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Hey, as long as the companies can multi-task and get out some new tech. They can sue each other until kingdom come.
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Old Apr 30, 2013, 02:42 PM   #11
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I can't help but think that one day, all the money companies get from lawsuits will outweigh revenue from their products.
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Old Apr 30, 2013, 02:47 PM   #12
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Does anyone care anymore?
I certainly don't
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Old Apr 30, 2013, 02:52 PM   #13
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Hmm.. slow news day.
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Old Apr 30, 2013, 02:54 PM   #14
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Is it for real this time or are they just patent-trolling again?
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Old Apr 30, 2013, 03:03 PM   #15
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Is this why there are no new inventive products coming out ? The big boys are too busy suing each other ????

Get over it kids and get back tor releasing cool stuff already
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Old Apr 30, 2013, 03:04 PM   #16
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Mamma mia, here we go again!
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Old Apr 30, 2013, 03:09 PM   #17
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Here we go again.
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Old Apr 30, 2013, 03:24 PM   #18
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Hmm.. slow news day.
BMW's, investors and patent lawsuits. Nothing to see here today.

I think this is more front page newsworthy http://www.macrumors.com/2013/04/29/...windows-phone/
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Old Apr 30, 2013, 03:28 PM   #19
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Originally Posted by The Mercurian View Post
Is this why there are no new inventive products coming out ? The big boys are too busy suing each other ????

Get over it kids and get back tor releasing cool stuff already
I dont think apple's lawyers work on the devices. But who knows i guess.
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Old Apr 30, 2013, 03:39 PM   #20
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Samsung is risking another billion. Good. Love them to get what the copycat deserves.
I don't think they specifically requested this. The problem is that you are making up numbers when in the end they are based on something. Damages are not supposed to be assigned arbitrarily.
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Old Apr 30, 2013, 03:54 PM   #21
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How much does Apple earn per day on average (profit, not revenue)?
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Old Apr 30, 2013, 04:03 PM   #22
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How much does Apple earn per day on average (profit, not revenue)?
140 million a day?
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Old Apr 30, 2013, 04:05 PM   #23
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Samsung is risking another billion. Good. Love them to get what the copycat deserves.
Really? This is so 1984!
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Old Apr 30, 2013, 04:09 PM   #24
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I dont think apple's lawyers work on the devices. But who knows i guess.
No they don't, but for a lawyers wage they could probably add to their workforce of engineers.
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Old Apr 30, 2013, 04:13 PM   #25
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I dont think apple's lawyers work on the devices. But who knows i guess.
Indeed, but it occurs to me they may not want to release new stuff until these patent issues are settled thinking if they win then others will be more shy of copying design features
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