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.

NewImage43

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.

Popular Stories

maxresdefault

No iOS 19: Apple Going Straight to iOS 26

Wednesday May 28, 2025 11:56 am PDT by
With the design overhaul that's coming this year, Apple plans to rename all of its operating systems, reports Bloomberg. Going forward, iOS, iPadOS, macOS, tvOS, watchOS, and visionOS will be identified by year, rather than by version number. We're not going to be getting iOS 19, we're getting iOS 26. Subscribe to the MacRumors YouTube channel for more videos. iOS 26 will be accompanied by...
iPhone 17 Pro Blue Feature Tighter Crop

iPhone 17 Pro Launching Later This Year With These 12 New Features

Tuesday May 27, 2025 9:10 am PDT by
While the iPhone 17 Pro and iPhone 17 Pro Max are not expected to launch until September, there are already plenty of rumors about the devices. Below, we recap key changes rumored for the iPhone 17 Pro models as of May 2025: Aluminum frame: iPhone 17 Pro models are rumored to have an aluminum frame, whereas the iPhone 15 Pro and iPhone 16 Pro models have a titanium frame, and the iPhone X ...
Generic iPhone 17 Feature With Full Width Dynamic Island

iPhone 17 Display Sizes: What to Expect

Thursday May 29, 2025 11:38 am PDT by
Apple's iPhone 17 lineup will include four iPhones, and two of those are going to get all-new display sizes. There's the iPhone 17 Air, which we've heard about several times, but the standard iPhone 17 is also going to have a different display size. We've heard a bit about the updated size before, but with most rumors focusing on the iPhone 17 Air, it's easy to forget. Display analyst Ross...
28 years later iphone 1

Filmmakers Used 20 iPhones at Once to Shoot '28 Years Later'

Friday May 30, 2025 7:27 am PDT by
Sony today provided a closer look at the iPhone rigs used to shoot the upcoming post-apocalyptic British horror movie "28 Years Later" (via IGN). With a budget of $75 million, Danny Boyle's 28 Years Later will become the first major blockbuster movie to be shot on iPhone. 28 Years Later is the sequel to "28 Days Later" (2002) and "28 Weeks Later" (2007), which depict the aftermath of a...
macOS 26 visionOS Inspired Feature

macOS 26 Rumored to Drop Support for These Five Macs

Thursday May 29, 2025 5:31 am PDT by
The next major version of macOS, now dubbed "macOS 26," is rumored to drop support for several older Intel-based Mac models currently compatible with macOS Sequoia. According to individuals familiar with the matter cited by AppleInsider, the following Macs will not be supported by the next version of macOS: MacBook Pro (2018) iMac (2019) iMac Pro (2017) Mac mini (2018) MacB...
iOS 26 Mock Rainbow Feature

With iOS 18 Jumping to iOS 26, Will Apple Renumber iPhones Too?

Thursday May 29, 2025 1:59 pm PDT by
With the next-generation version of iOS and other 2025 software updates, Apple is planning to change its numbering scheme. Rather than iOS 19, which would logically follow iOS 18, Apple is instead going to call the update iOS 26. Apple plans to use 26 across all of its platforms (the number representing the upcoming year), which will presumably be less confusing than having iOS 19, macOS 16,...
iPhone Top Left Hole Punch Face ID Feature 2

Apple Rumored to Redesign the iPhone Every Year Through to 2027

Tuesday May 27, 2025 5:17 am PDT by
Apple is reportedly preparing to implement significant iPhone hardware redesigns each year for the next three generations. According leaks from the Chinese supply chain disclosed by Weibo user "Digital Chat Station," Apple plans to carry out a series of phased industrial design changes affecting different parts of the iPhone across three consecutive years: 2025, 2026, and 2027. The changes...

Top Rated Comments

Utah-Man Avatar
158 months ago
Does anyone care anymore?
Score: 19 Votes (Like | Disagree)
mabaker Avatar
158 months ago
Samsung is risking another billion. Good. Love them to get what the copycat deserves.
Score: 11 Votes (Like | Disagree)
RetepNamenots Avatar
158 months ago
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.
Score: 10 Votes (Like | Disagree)
KdParker Avatar
158 months ago
Hey, as long as the companies can multi-task and get out some new tech. They can sue each other until kingdom come.
Score: 7 Votes (Like | Disagree)
Kissaragi Avatar
158 months ago
Does anyone care anymore?

I certainly don't
Score: 5 Votes (Like | Disagree)
Mr. Retrofire Avatar
158 months ago
New Damages Trial in Apple v. Samsung Set for November
1st world problems.
Score: 4 Votes (Like | Disagree)