Apple and Samsung set to battle over damages this November-Cheap Used Cell Phones
By Mylan Cellular on April 30, 2013
Back in March Judge Lucy Koh cut the amount of damages Apple was awarded in the company's legal battle with Samsung, and ordered a new trial to determine what happened to the balance. Now we have a date when that tussle will kick off: November 12th. The date comes from a management order the court issued after a hearing earlier today.
Koh had originally intended for the new trial to cover the $450,514,650 she cut from the $1.049 billion in damages Apple was awarded last August, but there were some tweaks today. Namely, she re-awarded the nearly $40.5 million the jury granted Apple for infringement in connection with the AT&T variant of the Galaxy S II. The S II damages had initially been called into question as having been calculated using the incorrect time frame (in this case, Apple is only due damages for sales that occurred after it alerted Samsung of possible infringement). The Galaxy S II went on sale several months after that notice was given in 2011, however, resulting in today's action. Cupertino was not successful in making the same argument in connection with Infuse 4G damages, however.
Samsung had asked for Koh to put a new damages trial on hold because the validity of two of Apple's patents has been called into question (the United States Patent Office tentatively invalidated the '381 bounce-back patent last year, for example — but that's not the final word on the fate of the patent by any means). Koh rejected that request, though she does write in the order that Samsung can request a stay on the damages related to either the '381 or '915 patent should their respective re-examination processes come to a conclusion before the November trial date. In either case, we now have a date to circle on the calendar — and if this case continues as it has been, there should be plenty of drama come November.
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