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Judge sets Nov. 12th date for Apple v. Samsung damages retrial

updated 09:57 am EDT, Tue April 30, 2013

Will be restricted to 13 Samsung devices

US District Court Judge Lucy Koh has set a November 12th date for a trial to recalculate damages vacated from last year's initial, $1.05 billion Apple v. Samsung ruling, reports say. On March 1st, Koh issued an order vacating $450.5 million from the original judgment, owing to a questionable jury outcome which set only one damage figure per device despite multiple patents being involved in each instance. The $450.5 million figure did come down on Monday though, since Koh reversed a ruling on the AT&T edition of the Galaxy S II, returning $40.5 million back to Apple.

The November trial will thus be restricted to 13 Samsung products, leaving damages for 14 devices intact. It's expected to last five days, and eight jurors will be selected to assess damages based on the first trial's legal scope. Samsung had asked that a retrial reconsider liability issues, but that motion was denied.

The trial may offer the possibility of lowering Samsung's damages, but could also possibly help Apple. In any case the companies must deal with another US patent trial on March 31st, 2014, dealing with separate claims.

by MacNN Staff



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