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Apple and Samsung headed to court this November to calculate new damages amount


When Apple was awarded a US$1.05 billion judgement against Samsung last Summer, you might have assumed that Samsung would promptly cut Apple a check and focus on any number of their other ongoing legal entanglements with Apple.

Oh, if only things were that simple.

Back in March, US District Judge Lucy Koh found that the jury, in calculating Apple's damages award, had made a number of mistakes.

The Verge noted at the time:

Koh found two main errors in the way the jury calculated the damages awarded to Apple. They used Samsung's profits to determine the amount the company owed for infringing some of Apple's utility patents -- a practice only appropriate when calculating damages owed when design patents have been infringed. They also erred when calculating the time period Apple should be awarded damages for. Koh explains that Apple was only due damages for product sales that occurred after Cupertino informed Samsung of its belief that the violations were taking place.

Consequently, Koh cut Apple's billion dollar judgement down by $450 million, leaving Apple with a balance of $598 million. In parallel, Koh ordered a new trial to ascertain the correct amount of damages owed to Apple from the soon-to-be-recalculated $450 million figure.

Apple, naturally, was less than pleased. Indeed, the company was angling for additional damages to be levied upon Samsung, albeit unsuccessfully.

Yesterday, Koh issued a management order for the new trial along with a few motion rulings.

Notably, Koh rejected Samsung's motion to stay the proceeding pending reexamination of two of Apple's patents. Further, Koh reinstated the original jury award of approximately $40.4 million in damages stemming from the Galaxy S II on AT&T. Koh, however, did not reinstate the jury's original award of $44.7 million in damages stemming from the Samsung Infuse 4G.

All that said, a new trial on damages is set to begin on November 12, 2013.

[Via FOSS Patents]

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