November Trial to Set Apple Samsung Patent Damages

Samsung wants the damages reduced, Apple wants to increase them

On by Steve McCaskill 0

Apple and Samsung will go to court again in November to see how much the Korean manufacturer must pay Apple in damages for patent infringements.

Samsung was originally ordered to pay $1.04 billion (£664 million) by the US District Court for the District Court of California last August, however this amount was cut substantially by Judge Lucy Koh in March.

Koh said that the jury had incorrectly determined the amount of compensation to be awarded to Apple for infringements in 14 Samsung devices, including the Samsung Galaxy S III, and ordered a new trial to determine the damages.

Apple Samsung patent trial

apple-moneyThe court will not allow Apple and Samsung to use new sales data, products, theories or methodologies from the original court case.

Samsung will still have to pay $598.9 million for infringements in another 14 products, regardless of the outcome of the new trial, which will take place between 12 and 18 November this year. It will be one of two trials between the two companies to take place in the next 12 months as a separate case is due to be heard in March 2014.

Koh has previously rejected Apple’s request for the damages to be increased, but analyst Florian Mueller says that this could happen at the new trial.

“The limited damages retrial is not just an opportunity for Samsung to bring the damages award down but also an opportunity for Apple to seek even more damages, as Samsung itself confirmed in a brief,” he said, while suggesting that Apple will be happy with the outcome.

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Steve McCaskill
Author: Steve McCaskill
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