New Damages Trial in Apple v. Samsung Set for November

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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.


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.
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.
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
 

mabaker

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Jan 19, 2008
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Samsung is risking another billion. Good. Love them to get what the copycat deserves.
 

samcraig

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Jun 22, 2009
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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).
 

KdParker

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Oct 1, 2010
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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.
 

madsci954

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Oct 14, 2011
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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.
 

The Mercurian

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Mar 17, 2012
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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:
 

thekev

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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.
 

The Mercurian

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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