Landmark Apple vs Samsung retrial begins today, hundreds of millions at stake

by: Bogdan PetrovanNovember 12, 2013

s Shutterstock

Last year in August, a jury in San Jose, California decided that Samsung must pay Apple over one billion dollars in damages in one of the largest patent infringement lawsuits ever. However, the judge presiding over the trial, Lucy Koh, found that the jury did not clearly explain why it awarded $450 million out of the total damages, and decided that the patents in question should make the object of a retrial.

Today, the retrial is set to begin; in the words of an Apple lawyer, it’s “Groundhog Day”. Its purpose is to determine whether Samsung should pay more or less than the $450 million the original jury awarded Apple. The other $600 million of the $1.05 billion total are not part of the retrial, but Samsung can still challenge that award in an appeal court.

The retrial beginning today covers five Apple patents, including one that refers to the design of the iPhone. The Cupertino-based company claims that thirteen Samsung devices infringe these patents, though most are no longer on sale. These include the Samsung Galaxy Tab and the Samsung Captivate.

In the grand scheme of things, even a billion is a relatively minor loss for Samsung and Apple, but this retrial, as well as the future appeal to the original verdict, is important for upcoming confrontations between the two giants that concern more recent devices. In a separate trial that will begin in March 2014, Apple will try to prove that newer Samsung devices, including the popular Galaxy S3, are infringing on its patents.

The 2012 trial unfolded over a month, but the retrial is expected to conclude faster. Apple and Samsung executives will testify, and, if last year’s spat was any indication, some very interesting information may become public. Stay tuned.

  • satsmine2k4

    This will be like watching a sad movie where you know the Climax i.e Villain will win over the Hero…

    • Bryan Z

      Yeah this trial is pointless by now

  • GoToHellApple

    And this is why I hate Apple, and anything made or designed by Apple. :L

    • PersonalCheeses

      This is why we hate Samsung – rip off the works of others and then whine like a b1tch when caught!

      • Dido

        rip off? there was no such thing… you don’t wanna go into details about how apple (in terms of design) rip off others before them. Stop thinking like Apple created everything. Even if Samsung did copy Apple’s work, i think it’s good thing they are the one that rip off Apple. All of this should fire up Apple to start making better product for Samsung to copy again but they just ran out of Steve Jobs didn’t they?

        • Bryan Z

          Lol people get so emotionally attached to a company they probably don’t even own stocks at. Funniest shit ever

      • Charles Humphries

        Samsung makes the things in your iphone that make it anything else than a phone, duh! Apple has NO product without Samsung component manufacturing. Retina display, ARM 7, A chips, even the motherboard of the macbook pro. Meanwhile Apple is suing for a feature macromedia popularized with its autoshapes. You know Steve Jobs tried to patent a height at which you HOLD a device because of the palm phone? He was a egomaniac who was copying palm anyways and displaying his lack of faith in humanity ny simplifying everything so he could have control.

      • anonymous


    • Bryan Z

      You hate apple because it decided to sue another company. It’s business that’s it. Everything and anything goes.. both companies know that.

    • Grenier

      I agree. Apple sucks. I think they are slowly dieing anyway. Samsung phones are a way better phone.

  • NeedName

    I’m telling you all, that prior art they showed us doesn’t count cause it doesn’t run on an iphone . . . . therefore sammy is in violation even though their stuff doesn’t run on an iphone. . . .

    have to love that logic and the fact that all the other jury members agreed with one person on that jury. . . pathetic display of the American jury system!

  • Bone

    Mr. Obama’s presidential veto made this an uneven playing field. Apple got served a just sales ban which was overturned cause in America you know, you just can, and Samsung since got a sales ban for some products, upheld, and a larger fine and ban is coming for icon rows and crap like that. Oh well… not money out of MY pocket.

    • “Oh well… not money out of MY pocket.”

      You couldn’t be any more wrong!! The costs associated with these patents greatly increases the prices of the products. Tack on the court fees and any damages actually awarded and that’ll add a tad more to the costs. The consumers always end up paying in some way or another!

  • Doug Carey

    The Pontiac G8 resembled the Nissan Altima. The Scion FR-S resembles the Hundai Tiberon. The Nexus 5 resembles the Oppo Find 5. In the 80’s there were all kinds of desktop clones that resembled the original IBM PCs. And who can forget, the original iPhone was basically a carbon copy of the LG Prada? Designers will always derive inspiration from competitors. Design-wise, the only way Apple would reasonably have a leg to stand on in this lawsuit would be if Samsung actually put the Apple trademark on their device (or installed proprietary Apple hardware in their phones). THAT would be blatant copyright/patent infringement.

    • NeedName

      “good artists copy, great artist steal.”
      —Steve Jobs

      Move everything that came out of apple under Steve was a blatant rip off of someone elses work outside of apple — Xerox PARC anyone?

      The only difference now is, apple and ms convinced the patent office to allow software patents. . . which never should have happened.

  • Luka Mlinar

    If Apple thinks that they are not getting enough cash, there is always an option of Obama overruling it. :D

    • Bryan Z


  • BadBoy

    There goes the two big kid fighting for the toys again

  • MadCowOnAStick

    It’s alright, Samsung’s revenue is about 200 billion dollars a year :D

  • RanRu

    Cadillac was the first company to come up with the modern automobile setup (steering wheel, ignition key, shifter on the floor, clutch, brake, and throttle pedals in that order, all at once). They could have sued every auto maker in the world.

    But they didn’t.

  • Alan Buezo

    I love Apple…but both Apple or Samsung fans and iOS or Android fans gotta admit that they are both ANNOYING. Apple and Samsung are rich enough already. Quit begging for more