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

iphone 17 models

No iPhone 18 Launch This Year, Reports Suggest

Thursday January 1, 2026 8:43 am PST by
Apple is not expected to release a standard iPhone 18 model this year, according to a growing number of reports that suggest the company is planning a significant change to its long-standing annual iPhone launch cycle. Despite the immense success of the iPhone 17 in 2025, the iPhone 18 is not expected to arrive until the spring of 2027, leaving the iPhone 17 in the lineup as the latest...
duolingo ad live activity

Duolingo Used iPhone's Dynamic Island to Display Ads, Violating Apple Design Guidelines

Friday January 2, 2026 1:36 pm PST by
Language learning app Duolingo has apparently been using the iPhone's Live Activity feature to display ads on the Lock Screen and the Dynamic Island, which violates Apple's design guidelines. According to multiple reports on Reddit, the Duolingo app has been displaying an ad for a "Super offer," which is Duolingo's paid subscription option. Apple's guidelines for Live Activity state that...
Low Cost A18 Pro MacBook Feature Pink

Apple's 2026 Low-Cost A18 Pro MacBook: What We Know So Far

Friday January 2, 2026 4:33 pm PST by
Apple is planning to release a low-cost MacBook in 2026, which will apparently compete with more affordable Chromebooks and Windows PCs. Apple's most affordable Mac right now is the $999 MacBook Air, and the upcoming low-cost MacBook is expected to be cheaper. Here's what we know about the low-cost MacBook so far. Size Rumors suggest the low-cost MacBook will have a display that's around 13 ...
govee floor lamp

CES 2026: Govee Announces New Matter-Connected Ceiling and Floor Lights

Sunday January 4, 2026 5:00 am PST by
Govee today introduced three new HomeKit-compatible lighting products, including the Govee Floor Lamp 3, the Govee Ceiling Light Ultra, and the Govee Sky Ceiling Light. The Govee Floor Lamp 3 is the successor to the Floor Lamp 2, and it offers Matter integration with the option to connect to HomeKit. The Floor Lamp 3 offers an upgraded LuminBlend+ lighting system that can reproduce 281...
Belkin 25W Battery magnetic

CES 2026: Belkin Announces Magnetic Ring Power Bank, Modular Dock, and More

Sunday January 4, 2026 3:02 pm PST by
Belkin today announced a range of new charging and connectivity accessories at CES 2026, expanding its portfolio of products aimed at Apple device users. UltraCharge Pro Power Bank 10K with Magnetic Ring The lineup includes new Qi2 and Qi2.2 wireless chargers, magnetic power banks, a high-capacity laptop battery, and USB-C productivity accessories, with an emphasis on higher charging...
airpods pro 3 glitter

AirPods New Year's Deals Include Up to $99 Off AirPods Max, AirPods Pro 3, and AirPods 4

Sunday January 4, 2026 8:04 am PST by
Now that the calendar has flipped over into January, steep discounts on popular Apple products have become more rare after the holidays. However, if you didn't get a new pair of AirPods recently and are looking for a model on sale, Amazon does have a few solid second-best prices this week. Note: MacRumors is an affiliate partner with some of these vendors. When you click a link and make a...
Low Cost MacBook Feature A18 Pro

Low-Price 12.9-Inch MacBook With A18 Pro Chip Reportedly Launching Early This Year

Friday January 2, 2026 9:08 am PST by
Apple plans to introduce a 12.9-inch MacBook in spring 2026, according to TrendForce. In a press release this week, the Taiwanese research firm said this MacBook will be aimed at the entry-level to mid-range market, with "competitive pricing." TrendForce did not share any further details about this MacBook, but the information that it shared lines up with several rumors about a more...
Clicks Communicator Feature

'Clicks Communicator' Unveiled — Will You Carry This With Your iPhone?

Friday January 2, 2026 6:35 am PST by
The company behind the BlackBerry-like Clicks Keyboard accessory for the iPhone today unveiled a new Android 16 smartphone called the Clicks Communicator. The purpose-built device is designed to be used as a second phone alongside your iPhone, with the intended focus being communication over content consumption. It runs a custom Android launcher that offers a curated selection of messaging...

Top Rated Comments

Utah-Man Avatar
166 months ago
Does anyone care anymore?
Score: 19 Votes (Like | Disagree)
mabaker Avatar
166 months ago
Samsung is risking another billion. Good. Love them to get what the copycat deserves.
Score: 11 Votes (Like | Disagree)
RetepNamenots Avatar
166 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
166 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
166 months ago
Does anyone care anymore?

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