In August 2012 a jury in the US awarded damages of $450.5 million to Apple in a case they brought against Samsung revolving around a patent dispute.
The judge who presided over the original hearing, Lucy Koh, has now set a date for a trial to focus on a recalculation of this award. Judge Koh previously stated that the award was miscalculated in part and only a new trial could determine the correct amount.
The sum of $450.5 million has already been reduced from $1.05 billion by a federal judge who overturned the decision of the jury. Judge Koh has stated that in her opinion, the decision of the jury was based upon an incorrect understanding of the legal and patent issues which the case involved.
The order of the court for the new trial will not allow either Apple or Samsung to introduce "new sales data, new products and new methodologies or theories".
Judge Koh did not accept Apple's attempt to increase the damages award but rather she decided that a new damages trial would be appropriate based upon 14 Samsung devices. The new trial will provide an opportunity for a reinstatement of the damages which were cut from the award by the federal judge previously. The court has already reinstated the jury award of $40.5 million against Samsung in respect of the Galaxy SII AT & T version and this particular handset won't be included in November's trial.
There have been calls from Samsung for the new trial to be delayed due to concerns they have in respect of the validity of certain patents owned by Apple. In response, Apple has accused Samsung of "dragging its feet at every turn".
Whatever happens, this very high profile trial will make certainly make the headlines.
By Daniel Gardener
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