Apple v Samsung new damages trial is set to Nov. 12th

A federal judge has set new trial dates in November to decide whether $450.5 million of damages awarded by a jury to Apple Inc in a patent dispute with Samsung Electronics should stand, according to a court filing.

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.

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.

The November trial will thus be restricted to 13 Samsung products, leaving damages for 14 devices intact. It's expected to last five days, and eight jurors will be selected to assess damages based on the first trial's legal scope. Samsung had asked that a retrial reconsider liability issues, but that motion was denied.

The court will not permit Apple and Samsung to expand the scope of the damages trial by relying upon new sales data, new products and new methodologies or theories, the order said.

Koh had previously said the jury had incorrectly calculated part of the damages and that a new trial was needed to determine the actual, final dollar amount. That could end up less than or more than the original $450.5 million set by the jury.

Koh, rejecting Apple's motion for an increase in the jury's damages award, ordered a new trial on damages for 14 devices, which include Samsung's Galaxy SII. The jury's award to Apple for 14 other products, totaling almost $599 million, was maintained.

The court also reinstated the jury award of $40.5 million relating to one Samsung phone, the Galaxy SII AT&T, which will not be included in the new trial on damages.

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.

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.

Reference: New Damages Trial in Apple v. Samsung Set for November

Judge sets Nov. 12th date for Apple v. Samsung damages retrial

Judge sets new trial dates in Apple vs. Samsung patent battle