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Apple, Samsung to go to trial in November to re-compute for damages related to patent infringement

Samsung's patent-related damages have been reduced from $1B to $598, but the court has ordered a new trial this November to re-compute how much Samsung should pay Apple.
May 1, 2013

It’s not over until the fat lady sings. Or so it seems for Apple and Samsung, which have been battling at the courts for patent infringement-related cases. Recall that in August 2012, Apple won its patent infringement case against Samsung and was awarded $1.049 billion in damages. In March this year, Judge Lucy Koh reduced the amount to $598 million, considering two errors used by the jury in determining damages.

In essence, the jury earlier computed damages amounting to the total losses attributed to Samsung’s infringement with its Galaxy S2 line. However, Judge Koh qualified that the only losses that should be counted are those after Apple alerted Samsung to the possible infringement.

This is not yet final, though, as Judge Koh has set a November 12, 2013 trial date for the courts to better determine how much exactly Samsung owes Apple. A few things come to light:

  • Judge Koh had re-awarded Apple US$40.5 million for infringement related to the AT&T variant of the Samsung Galaxy S2.
  • Samsung requested that the court put the damages trial on hold because the USPTO had put to question the validity of two of Apple’s patents on the table: the ‘381 bounce-back patent and the ‘915 pinch-to-zoom patent.
  • The USPTO’s decision in this regard is not final yet, so Apple can still prevail.

Judge Koh rejected Samsung’s request to set a later date for trial, but decided that Samsung could still request a stay on these damages should a more definitive decision is arrived at, with relation to the two patents in question.

For Samsung, it’s good that the case did not end with the billion-dollar damages. There is still a chance that the fine could be greatly reduced, although it can still skyrocket beyond the original $1.049 billion, depending on how the trial goes.

If you’ve just tuned in to the Apple vs. Samsung patent mess, you can check out our Apple vs. Samsung archives for an idea of the issues involved, the legal decisions, the market reactions and official company statements.