Apple-Samsung Fight on Damages Coming in Fall

     SAN JOSE, Calif. (CN) – The new trial to determine damages that Apple deserves in its patent dispute with Samsung Electronics will start in November, a federal judge ruled.
     A jury originally handed out a $1 billion award to Apple in August 2013 after finding that Samsung had infringed on several of Apple’s iPhone and iPad patents to produce its own line of Galaxy smartphones and tablet devices.
     About six months later, U.S. District Judge Lucy Koh concluded that the jury had incorrectly calculated damages as to 14 of Samsung’s infringing products. She said the jury ignored her instructions on how to determine the award and instead used legally impermissible theories provided by Apple’s expert. Koh struck $450 million from the total award and ordered a new trial to determine appropriate damages.
     Koh announced Monday that the new trial will begin on Nov. 12.
     She also reinstated $40.5 million of the slashed jury award relating to the Galaxy SII AT&T phone, so it will not be included in the new trial. Apple nevertheless failed to have her reinstate the jury award of $44.7 million for the Infuse 4G.
     Though Samsung claimed that a new trial on both damages and liability issues is warranted, the court said holding a new damages trial only would not violate the Seventh Amendment.
     Koh warned the parties that the new trial will be extremely limited. Apple cannot attempt to expand the scope of the damages trial by relying on new sales data, new products or new theories. In addition, Apple’s new damages expert cannot draw upon new data or use different methodologies in his or her report.
     The court’s prior rulings on motions, discovery disputes and evidentiary objections will remain in effect, and the parties are not allowed to relitigate those issues.
     Samsung also failed to show that the trial should be delayed pending the U.S. Patent and Trademark Office’s re-examination of two invalid Apple patents. Samsung may renew its motion for a stay of the new trial on damages as to those patents if the office decides not to reconsider the invalidation of the patents.
     Koh also turned down Apple’s request to determine prejudgment interest and supplemental damages before the appeals in this case are resolved.

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