Samsung and Apple can be heading back to court in November for a partial retrial, reports FOSS Patents. The trial follows decide 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 unique damages will have been miscalculated through the jury.
in step with Koh, the original jury may not have had a transparent understanding of the patent concerns, which resulted in a lump sum award that didn’t distinguish between patent violations, making it inconceivable for the court to decide which a part of the damages have been applicable to each patent.
Scheduled for November 12, the new trial could result in an award that favors either Apple or Samsung, relying on whether or not the amount is kind of than the original $450 million. The trial will probably be restricted to the same proof used within the authentic trial, which means neither Samsung nor Apple can introduce new knowledge.
the brand new damages trial will take place on November 12, 13, 14, 15, and 18, 2013. Eight jurors might be selected, and for the needs of their new damages verdict, the first jury’s infringement findings will likely be legislation of the case, as the court docket rejected Samsung’s argument that a brand new trial also has to re-evaluation liability considerations.
although a trial will resolve how a lot (or more) of the $450 million Samsung is required to pay, Samsung is still liable for the remainder $600 million from the unique jury decision. Apple will also request each passion and supplemental harm, which could cost Samsung much more.
Apple needs prejudgment interest and supplemental damages (damages covering the period between the jury trial and the ultimate ruling), and it’s certainly entitled to each, however the courtroom is not going to resolve the quantity (which will not be huge in comparison with the overall set of concerns on this case) unless after the appeal from a ultimate ruling following the 2nd trial.
Samsung requested a stay on the case in an effort to reexamine two Apple patents on rubber-banding and pinch-to-zoom that have for the reason that been preliminarily invalidated, but the request was denied. Koh did say, however, that a final ruling from the U.S. Patent and Trademark place of job might exchange her mind.
the two corporations actually have a separate 12-day trial scheduled in March of 2014 to investigate additional patent infringement claims.
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