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

iOS 26

iOS 26.1 Coming Soon: New Features for Your iPhone and Release Date

Monday October 27, 2025 7:55 am PDT by
The upcoming iOS 26.1 update includes a handful of new features and changes for iPhones, including a toggle for changing the appearance of the Liquid Glass design, "slide to stop" for alarms in the Clock app, and more. Below, we outline key details about iOS 26.1. Release Date Given that Apple has yet to seed an iOS 26.1 Release Candidate, which is typically the final beta version, the...
maxresdefault

Apple TV 4K Could Still Launch Before 2025 Ends: All the Rumored Features

Monday October 27, 2025 4:51 pm PDT by
Apple is designing an updated version of the Apple TV 4K, and rumors suggest that it could come out sometime in the next couple of months. We're not expecting a major overhaul with design changes, but even a simple chip upgrade will bring major improvements to Apple's set-top box. Subscribe to the MacRumors YouTube channel for more videos. We've rounded up all the latest Apple TV rumors. ...
iOS 26 Maps Glass

Apple Reportedly Moving Ahead With Ads in Maps App

Sunday October 26, 2025 6:22 am PDT by
Apple Maps could feature integrated ads as soon as next year, Bloomberg's Mark Gurman reports. In his latest "Power On" newsletter, Gurman said that Apple's plan to bring more ads to iOS is moving "gaining traction," with the Maps app being next in line. The project will apparently give restaurants and other businesses the option to pay to have their details featured more prominently in...
iOS 26 Battery Glass Feature

iOS 26.1 Beta Liquid Glass Battery Drain Test: Tinted vs Clear Mode

Friday October 24, 2025 2:30 pm PDT by
In the fourth iOS 26.1 beta, Apple added a "Tinted" option that reduces the translucency of Liquid Glass for those who prefer a more opaque look. I saw some comments wondering whether the setting might preserve battery life, so I thought I'd do some testing. Test Settings I did four separate tests using the iPhone 17 Pro Max, and I kept the parameters as similar as possible. Here are the...
M6 MacBook Pro Feature 1

M6 MacBook Pro: Release Date, Pricing, and What to Expect

Monday October 27, 2025 9:15 am PDT by
Apple this month refreshed the 14-inch MacBook Pro base model with its new M5 chip, and higher-end 14-inch and 16-inch MacBook Pro models with M5 Pro and M5 Max chips are expected to follow in early 2026. However, these machines will represent the final update to the current design, with Apple reportedly developing a completely new version of the MacBook Pro packed with next-generation hardware...
iOS 26

6 New Things Your iPhone Can Do in iOS 26.1

Wednesday October 29, 2025 4:22 am PDT by
Apple is about to drop iOS 26.1, the first major point release since iOS 26 was rolled out in September, and there are at least six notable changes and improvements to look forward to. We've rounded them up below. Apple has already provided developers and public beta testers with the release candidate version of iOS 26.1, which means Apple will likely roll out the update to all compatible...
iOS 26

iOS 26.1 Coming Soon With These 8 New Features for Your iPhone

Wednesday October 22, 2025 6:15 am PDT by
The upcoming iOS 26.1 update includes a handful of new features and changes for iPhones, including a toggle for changing the appearance of the Liquid Glass design, "slide to stop" for alarms in the Clock app, and more. iOS 26.1 is currently in beta testing. The update will likely be released in the first half of November, and it is compatible with the iPhone 11 series and newer, but some...
iOS 26

Apple Seeds iOS 26.1, iPadOS 26.1, and macOS Tahoe 26.1 Release Candidates

Tuesday October 28, 2025 1:07 pm PDT by
Apple today provided developers and public beta testers with the release candidate versions of upcoming iOS 26.1, iPadOS 26.1, macOS Tahoe 26.1, tvOS 26.1, watchOS 26.1, and visionOS 26.1 updates for testing purposes. The RCs betas come a week after Apple released the fourth betas. The new betas can be downloaded from the Settings app on a compatible device by going to General > Software...
swift for android

Developers Can Now Make Android Apps With Apple's Swift

Sunday October 26, 2025 4:23 am PDT by
The first preview release of the Swift SDK for Android was published this week, allowing developers to build Android apps in Swift with official tooling and making it easier to share code across iOS and Android. The SDK enables Android apps to be built in Swift using officially supported tooling rather than community workarounds. In June, it was announced that Apple's Swift programming...

Top Rated Comments

Utah-Man Avatar
163 months ago
Does anyone care anymore?
Score: 19 Votes (Like | Disagree)
mabaker Avatar
163 months ago
Samsung is risking another billion. Good. Love them to get what the copycat deserves.
Score: 11 Votes (Like | Disagree)
RetepNamenots Avatar
163 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
163 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
163 months ago
Does anyone care anymore?

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