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Apple v. Samsung Damages Retrial Set to Begin November 12th

Apple v. Samsung Damages Retrial Set to Begin November 12th

The judge presiding over Apple v. Samsung, Judge Lucy Koh, entered a case management order on Monday calling for a new trial in order to recalculate the $450.5 million in damages that she found may have been incorrectly awarded by a jury last August.

Samsung Apple Legal


While not a complete retrial, the litigation scheduled November pertains to Judge Koh’s March 1 order that vacated 40 percent of the Apple v. Samsung jury’s award to Apple, reports The Recorder.

The ruling was the result of the jurist’s uncertainty over the jury’s findings regarding 14 Samsung products. The jury had set only one damages figure per device, despite there having been multiple patents in question on each device.

Judge Koh also reversed a previous decision on one Samsung device, the AT&T version of the Galaxy S II, returning $40.5 million to Apple’s award.

FOSS Patents’ Florian Mueller says the upcoming damages trial will be limited to 13 Samsung products, with a decision on damages being final for 14. There is a possibility of appeal.

“This is going to be Groundhog’s Day,” Koh said, referring to the jury trial. “You’re going to be reliving July of 2012.”

The five-day trial will see eight jurors assessing damages based on the original trial’s legal scope. The court denied Samsung’s argument that a retrial must reexamine liability issues.

Koh Orders Nov. Trial



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