New Damages Trial in Apple v. Samsung Set for November

Discussion in 'MacRumors.com News Discussion' started by MacRumors, Apr 30, 2013.

  1. MacRumors macrumors bot

    MacRumors

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    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.

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    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.
    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.
    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
     
  2. Utah-Man macrumors newbie

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  3. mabaker macrumors 65816

    mabaker

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    Samsung is risking another billion. Good. Love them to get what the copycat deserves.
     
  4. Rocketman macrumors 603

    Rocketman

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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
     
  5. samcraig macrumors P6

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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).
     
  6. Sayer macrumors 6502a

    Sayer

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  7. Squilly macrumors 68020

    Squilly

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    The cost of lawyers is most likely over the cost of damages already anyways.... this will never end.
     
  8. RetepNamenots macrumors 6502

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    Well, they're not, and Judge Koh has already decided that the $1 billion was excessive.
     
  9. litmag01 macrumors regular

    litmag01

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    Are these companies trying to put themselves in the tank?
     
  10. KdParker macrumors 601

    KdParker

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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.
     
  11. madsci954 macrumors 68030

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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.
     
  12. Kissaragi macrumors 68020

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    I certainly don't
     
  13. Stella macrumors 604

    Stella

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  14. DesertEagle macrumors 6502a

    DesertEagle

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    Is it for real this time or are they just patent-trolling again?
     
  15. The Mercurian macrumors 6502a

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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 :mad:
     
  16. Benjamin, macrumors member

    Benjamin,

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  17. notabadname macrumors 65816

    notabadname

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  18. phillipduran macrumors 6502a

    phillipduran

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  19. goobot macrumors 601

    goobot

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    I dont think apple's lawyers work on the devices. But who knows i guess.
     
  20. thekev macrumors 603

    thekev

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    #20
    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.
     
  21. flottenheimer macrumors 65816

    flottenheimer

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    #21
    How much does Apple earn per day on average (profit, not revenue)?
     
  22. SPUY767 macrumors 68000

    SPUY767

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    #22
    140 million a day?
     
  23. GoodWatch macrumors 6502a

    GoodWatch

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    Really? This is so 1984! :cool:
     
  24. steve119 macrumors 6502

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    No they don't, but for a lawyers wage they could probably add to their workforce of engineers.:D
     
  25. The Mercurian macrumors 6502a

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    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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