Get ready for Apple and Samsung to square off next month in the damages retrial

Get ready for Apple and Samsung to square off next month in the damages retrial
Starting November 12th, the three-ring circus known as Apple v. Samsung returns to the Northern District of California to begin a limited damages retrial. Judge Lucy Koh, who presided over the original festivities, will be at the helm here as well. After all, it was her idea to vacate $450 million in damages awarded to Apple. The jury ruled that some Samsung phones had infringed on more than one patent, yet it awarded only one damage amount. This was enough to get Koh to toss some of the award and order this second damages trial

Judge Koh has made some pre-trial rulings that are favorable to Apple. One prevents Samsung from discussing certain patents that faced reexamination. It does make Samsung's challenge here more daunting than usual since the jury will know that these particular models already were identified by the first jury as having infringed on an Apple patent. The new jury's job is to determine damages only. This trial has nothing to do with the next Apple v. Samsung patent trial scheduled for February. And Judge Koh will behind the bench for that battle as well.

The first jury awarded Apple $1.05 billion which was reduced to $555 million with a flick of Koh's pen. After the damages trial, the amount owed by Samsung to its rival could be back above that billion dollar mark.

For those of you who love to pretend that they are officers of the court, you can read the entire document pertaining to Judge Koh's pretrial orders below.

source: Scribd via FOSSPatents



1. sarb009

Posts: 322; Member since: Jun 15, 2011

Judge koh trolling again

7. darkkjedii

Posts: 31280; Member since: Feb 05, 2011

Nope, Judge Koh judging again. If it were apple on the losing end, you'd love Koh. Grow up, and let the parties involved sort it out. You continue being a consumer.

20. Googler

Posts: 813; Member since: Jun 10, 2013

Koh is a rookie judge, she should never have been assigned this case. The case should have been assigned to someone more mature in the position and at the very least, have a technical background so they can understand the points being made in the case. She has neither. She'll probably go down in history as being worse than judge Ito. There's no winning for her, both companies have too many fans. No matter who wins, the other side will cry foul.

26. darkkjedii

Posts: 31280; Member since: Feb 05, 2011

That's a fair assessment, but calling her a troll is childish. The lady has a job to do, and isn't on the take. +1 goog

34. ardent1

Posts: 2000; Member since: Apr 16, 2011

Googler, you wouldn't know what maturity means even if you got hit in the face with it. She knows the rule of law. That is why she is a judge. When you graduate from Harvard Law School, maybe you might has some credibility. She went out of her way to have a fair trial. She encouraged both sides to settle before the trial (Samsung would never admit their guilt before the trial). She gave Samsung another chance to settle before jury deliberation (it was self-evident that Apple had made a compelling case). Then after the verdict, you had Samsung attacking the jury foreman. Now you have the case of Samsung violating confidential info, e.g. information reserved for attorney's eyes. We knew after the fact that Samsung plays dirty. Despite all that, Judge Koh gave Samsung a fair trial. She doesn't need a technical background -- what she needed was legal training to understand the rule of law. And that gamble by Samsung or Google (Android camp) to challenge Apple's patents blew UP in their face. And you don't need any stinking technical background to see the sh*t Samsung pulls. All Samsung had to do was (a) out invent Apple or (b) work with Apple when Samsung got caught -- Apple even offered access to low-level patents to Samsung if Samsung would stop their theft of IP. It was never about Judge Koh.

40. InspectorGadget80 unregistered

and y do u think she was questions at a conference oon capital hill

41. InspectorGadget80 unregistered

y do u think she was question at a confernce on capital hill?

2. Santi_Santi unregistered

Paraphernalia Mode = ON

3. CellularNinja

Posts: 306; Member since: Sep 27, 2011

This kind of crap gives tech companies a bad name. Spend your money on making better products for once, Apple.


Posts: 269; Member since: Sep 09, 2013

This kind of stuff gives a company a bad name................. On You wanna know what gives companies a bad reputation? Defective products. I am just giving an example (every company has flaws in their products initially). Other examples include harming the environment. Example: dumping harmful waste etc

21. Googler

Posts: 813; Member since: Jun 10, 2013

It's bigger than that. Samsung sales soared after the case because it made the general public more aware of their products. It's not just tech geeks on web sites that follow this case.

35. ardent1

Posts: 2000; Member since: Apr 16, 2011

If you looked at gazelle or other sites that recycle smart phones, people were dumping Samsung products when the verdict came out.

4. hmd74

Posts: 540; Member since: Jan 31, 2013

We got used to these things...

5. Beijendorf unregistered

These patent disputes are among the most idiotic things of the decade. It's reduces innovation and goes out over all consumers.

6. thedarkside

Posts: 654; Member since: Apr 30, 2012

i think its time that sammy quit making the A7 chips for apple and let them fend for them selves. how is one able to patent a shape? i wanna know how so i can patent a shape that, more than likely, has been used by others before. then, when i find out that my biggest rival is using a similar shape, im going to blow my load and sue the crap out of them. all while hoping that my biggest rival still makes things for my product.

9. darkkjedii

Posts: 31280; Member since: Feb 05, 2011

Unfortunately what you think doesn't matter. Samsung is a big greedy tech company, just like apple. Samsung only want your $$$, just like apple, and just like Samsung does for apple. Apple makes a ton of $$$, for Samsung. Just remember, there's a reason these two still have a business relationship despite the lawsuits. That reason is called "Big Business", it's a capitalistic world bro. Samsung and apples bottom line is money, yours and mine, and they both make tons of it.

12. thedarkside

Posts: 654; Member since: Apr 30, 2012

i get that, but i dont think sammy is as greedy as apple. why else would apple not use a universal charging port like all the other tech giants? why do i make more on selling an android than i do an iphone? hell, i make more selling a basic phone than i do an iphone. apple wants peoples money more than they want customer satisfaction. i bet that apple could sell the 5s 16gb at 299.99 and they would still have the same sales numbers as they do now.

13. darkkjedii

Posts: 31280; Member since: Feb 05, 2011

"Sammy isn't as greedy as apple" let me ask you this, if I murder 2 people and the guy down the street murders 50, does it matter who murders more as far as us both being killers? Samsungs really greedy, apples very greedy...tell me what's the common denominator? And just as you say you make more selling an android, some make more selling an iPhone. Both are awesome, both are household names, both are synonymous with quality and dependability.


Posts: 269; Member since: Sep 09, 2013

So you are saying that apple is significantly greedier than samsung? And dark side do you think micro USB is better? I actually have to aim the micro USB cord into my galaxy s3. Whereas, I don't even have to look when plugging in my iPad 4 or my 5S. The fact that you are crying over no micro USB in an iPhone shows that you are a careless person who keeps losing his cords every other day. Also, the other end will always be a standard USB port so why worry? If you are concerned about file transfer then know this- copy trams manager takes very good care about that and VLC makes transferring videos very easy.

15. darkkjedii

Posts: 31280; Member since: Feb 05, 2011

Well said TDK. why not just enjoy your purchase, and leave people alone. +1

18. thedarkside

Posts: 654; Member since: Apr 30, 2012

the micro usb just shows how greedy apple can be. every other phone has a micro usb. apple on the other hand like to keep their specific charger. why? so then people have to buy the new cables. and filling the pockets of apple.


Posts: 269; Member since: Sep 09, 2013

@thedarkside Dude we never lose our cords. Atleast I don't. So we never have to buy separate cords from apple. May be once in two years but that's the price of daily convenience.

45. thedarkside

Posts: 654; Member since: Apr 30, 2012

and i havent had to replace cords because all mine are the same.

25. hmmm...

Posts: 81; Member since: Jun 05, 2013

It does matter. the person who murders more will most likely get a heavier punishment in court. So 2 people dead and 48 extra dead is the same? so the 48 extra people are junk. counts for nothing. Yeah. so a person who takes 50 cents from a vending machine is the same as the person who robs millions from a bank. both will get the same punishment in court?

28. rusticguy

Posts: 2828; Member since: Aug 11, 2012

When it comes to defending Apple in the US, there's a new math -- 2=50 :)

30. darkkjedii

Posts: 31280; Member since: Feb 05, 2011

Completely missed the point. So I'll offer nothing further.

43. roscuthiii

Posts: 2383; Member since: Jul 18, 2010

"All animals are equal, but some animals are more equal than others." I think that what we got going on here jedii. ;-)

8. silencer271

Posts: 254; Member since: Apr 05, 2013

honestly who cares. Its free publicity for both samsung and apple.

10. darkkjedii

Posts: 31280; Member since: Feb 05, 2011

Exactly s271... We, myself included get on here and post all this stuff. It doesn't matter one ounce, as far as the judges decision, or Sammy and Apples strategy. They're gonna continue to do what they do, work with/against each other, and we'll continue to fan the flame of war. These blind apple and Samsung fans don't realize how much publicity, and money they're giving these two. All apple and Sammy want is $$$, no different than Ford and Chevy, Pepsi and Coke, Kellogg and Post.

16. willard12 unregistered

Ford/chevy and coke/pepsi aren't suing each other every other month. Coke isn't pursuing a ban of Pepsi products for daring to make a cola flavored beverage. Your comparisons alre flawed. The blind are those who continue to throw their money at corporations in spite of their monopolistic business practices just for the sake of saying the were the "first" people to have it. You mentioned Ford. Well, Henry Ford had to disavow his antisemitic beliefs in order to survive after receiving a backlash from consumers. Consumers have power to affect change. Sadly, some continue to provide these businesses the revenue they need to continue the status quo.

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