New Trial Possible In Apple Vs Samsung Patent Fight

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As Apple and Samsung slug it out in the Federal Court over patent claims and the sale of Smartphones and tablets in Australia a US Judge has opened the door to a new trial between the two consumer electronics giants.

Judge Lucy Koh of the Northern District of California in San Francisco has denied an Apple motion to have a case management conference regarding the sale of Samsung products which Apple claims contain technology that breach their patents.


Judge Koh has left open the door for a full trial on the 14 accused products that need at the very least, a new damages declaration claims Electronista.


Apple was granted leave to file motion for reconsideration of a previous vacation of two Samsung smartphones products — which between the pair, hold damages of $85 million that Apple believes the court put on the list of products requiring a damages retrial erroneously.


Samsung claims  that a new trial on damages is prejudicial to Samsung in violation of the seventh amendment. Samsung must file a response to Apple’s contention from March that the court order of vacating damages and a new trial is not viable, after which, Apple may file a four-page reply.


Also due on April 9, both Apple and Samsung must file a statement in regards to where the United States Patent Trade Office (USPTO) examinations of each other’s patents will conclude, and what effects the re-examinations will have on any trial or appeal, including the recent “invalidation” of Apple’s “rubber-banding” patent by the USPTO. Following that, both parties may respond to the other’s statement by April 16, in a counter-argument not exceeding two pages.


$451 million in vacated damages is associated with 14 Samsung products. The new damages trial has been ordered because Koh feels she cannot make the adjustments herself, given the complexity and lack of clarity on which patents were found to be held in violation. The products involved include the Galaxy Prevail, Gem, Indulge, Infuse 4G, Galaxy S II AT&T, Captivate, Continuum, Droid Charge, Epic 4G, Exhibit 4G, Galaxy Tab, Nexus S 4G, Replenish, and Transform.


As the awards stand, Apple is still owed $598,908,892, which will accumulate interest at a rate of 0.16 percent until paid in full. Additionally, supplemental damages from the period between the original verdict in August and the final judgement yet to be determined will be based on actual sales figures of the infringing devices, meaning Samsung may end up paying even more than the $1.05 billion originally awarded by the jury.


The new trial is not prejudicial against Apple or necessarily beneficial for Samsung, and is intended to clarify the nature of the infringement and which patents are held in violation for a more granular determination of what is owed, which is generally seen as being beneficial to Samsung. Damages for the infringement, however, could be higher or lower, and will be determined by a new jury.

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