The second part of the Apple vs. Samsung trial begins tomorrow, with potential damages awarded to Apple as high as $400 million.
Round two of the Apple vs. Samsung trial will start tomorrow, and if Apple is victorious, it could mean the second largest patent infringment award in history. Last year, Apple went head to head with Samsung in court and it ended with a jury awarding Apple 1 billion dollars, but that award was cut nearly in half by the judge, ending up at $600 million. However, the remaining $400 million didn’t just disappear; it was suspended until a retrial could be held.
Judge Lucy Koh held the $400 million remaining in the ruling after Samsung complained that the jury had made such a mess of the damage calculations that it couldn’t be sorted out without a completely new trial. That trial begins tomorrow, Tuesday. Chances are that the new jury will end up awarding Apple a smaller amount than the original $400 million, but there is still a possibility it may go the other way. The $600 million already ruled on hasn’t been paid yet either; that money is awaiting appeal by Samsung.
One of the big problems with the original trial was that the jury was forced to fill out a 20 page riddle of math and legal writing to determine what the damages should be. Samsung’s lawyers were pushing for the same thing again, according to FOSS Patents’ Florian Muller: “Samsung wanted a matrix specifying different types of damages (reasonable royalty, Apple’s lost profits, Samsung’s profits) for each product. It also wanted the court to accordingly instruct the jury to determine not only an amount but also the ‘type’ of damages.” Apple however, decided not to make things too complex and submitted a one page sheet for the jury to fill in. Judge Koh approved the one page form.
A third trial covering some of the products released by Samsung since after Apple filed the original lawsuit, is expected to begin in March 2014.