Judge Koh wants second Apple-Samsung damages retrial to be short and sweet

Judge Koh wants second Apple-Samsung damages retrial to be short and sweet
Judge Lucy Koh will be presiding over the second Apple-Samsung damages retrial, which will be heard in March or April of 2016. After a three judge panel turned down Samsung's request for a new hearing on the first patent trial. Samsung requested that the entire panel of judges rule on its request (called an en banc hearing), but that was also denied. Last month, Samsung filed papers to have its case heard by the Supreme Court. Only 1% of those filings ever end up being heard by the highest court in the land.

While Samsung waits to hear if it will have its case heard by the Supreme Court, the focus of the retrial will be to calculate the proper damages on five ancient Samsung devices that infringed on Apple patents, according to the original jury. Those five Samsung products have been discontinued. The damages for the first trial have been reduced from $1.05 billion to $548 million, and a second trial featuring more up-to-date devices resulted in a $119.6 million award for Apple.

Judge Koh is looking to get this trial out of her courtroom quickly. Neither side is being allowed to discuss new theories and the judge has scheduled one week for the retrial, including opening and closing statements. Meanwhile, both sides are turning in paperwork. Apple is requesting a ruling for a partial final judgment, and Samsung is citing the USPTO's recent invalidation of an Apple patent as a reason to stay the trial proceedings.

source: Scribd via AppleInsider



1. meanestgenius

Posts: 22295; Member since: May 28, 2014

This crap is STILL going on?! Samsung and Apple, you guys are business partners. Just put an end to all of this and make great tech for us, ok?

2. Carlitos

Posts: 673; Member since: Oct 23, 2011

Should be quick now that the patent being fought over is void

23. TylerGrunter

Posts: 1544; Member since: Feb 16, 2012

Sadly there were more than 10 patents, only a couple of them have been voided...

28. tedkord

Posts: 17417; Member since: Jun 17, 2009

But the majority of the damages were based on patents now invalidated.

3. Kruze

Posts: 1285; Member since: Dec 30, 2014

This kind of battle should continue, so Judge Koh can earn more money from them. Heheheheheh...

4. AlikMalix unregistered

This would be quick if Samsung stops stalling by appealing every time after they were found guilty, then appeal again and again. Then when that doesn't work go to Supreme Court. They take so long that whatever they were accused of just isn't relevant anymore. That's why this is taking so long! If someone has a patent - regardless of how ridiculous - your eesponsibility is not to infringe on that patent. I bet that the reason some things aren't available on iOS is specifically because Samsung or Google.

15. RoboticEngi

Posts: 1251; Member since: Dec 03, 2014

Problem is, their patents get dumped by the patent office one by one....Apples patent portofolio is nothing but thin air....

20. Finalflash

Posts: 4063; Member since: Jul 23, 2013

You're implying air has no value, that is wrong, it has more value than Apple's patent portfolio.

17. NonFanBoy

Posts: 180; Member since: May 28, 2015

The damages were reduced from more than 1 billion to less than 550 million after their appeal. So they obviously must have a case and are therefore appealing to reduce it even further.

31. jroc74

Posts: 6023; Member since: Dec 30, 2010

Exactly. I hope some on here never try to become lawyers...lol.

24. TylerGrunter

Posts: 1544; Member since: Feb 16, 2012

It someone has a patent and it is ridiculous your responsibility is to fight that patent with all your might so it is rendered invalid and technology can further advance without breaks. And Samsung stalling it seems a very valid strategy against a set of patents that when they are being reviewed they are going down one by one, so they don't have to pay for invalid patents.

29. tedkord

Posts: 17417; Member since: Jun 17, 2009

If you were accused and convicted of a crime you didn't commit, would you just roll over and do the jail time? Then why should Samsung? Apple's patents were shams that they snuck through the overworked, understaffed patent office.

34. willard12 unregistered

So Apple shouldn't have appealed the ban on the iphone 4s that they received. They should have just shut up and taken it.

18. NonFanBoy

Posts: 180; Member since: May 28, 2015

The simple reason is that Apple ans Samsung are much more popular and therefore get much more attention. There are hundreds of phone released every year and It is not possible to have countless articles on each one of them.

19. Kruze

Posts: 1285; Member since: Dec 30, 2014

Oh, so just because Apple and Samsung are much popular then they should forget about others? Then why I'm still browsing PA daily and keep it active on one of my tabs during big events like CES, MWC and IFA? I thought they're the quickest and full of informations when it comes to tech news? Where's the old PA? Did they change their strategy with a new boss or something?

27. NonFanBoy

Posts: 180; Member since: May 28, 2015

No one is forgetting the "others". Just that more popular phone get more attention. It doesn't matter which brand they are. A galaxy S6 will always have more articles than maybe a J7, even though they both belong to Samsung.

22. Loubielou

Posts: 603; Member since: Jul 11, 2012

Why?are Samsung supplying Chips for Apple and now copying the iPhones just shows that these two Companies are so Stupid working together,Samsung is Struggling now because there copying the iPhones,and when the iPhone 6s is released soon Samsung will be more Trouble,and its themselves to blame with there Project-Zero plan by Removing there Best Selling options the Removable battery & Micro Sd Card options

30. tedkord

Posts: 17417; Member since: Jun 17, 2009

Samsung is not copying Apple. I wish retards would stop parroting that stupid talking point.

25. Michael.Parker

Posts: 273; Member since: Aug 22, 2015

The only reason Apple is so rich is they are ruthless and immoral the way the run over everyone and happily use the corrupt legal and patent systems to attack competitors.

26. darkkjedii

Posts: 31337; Member since: Feb 05, 2011

If the judge owned both devices like I do, she'd go thru them, and call a stalemate. Neither should get any money, they copy each other enough.

32. jroc74

Posts: 6023; Member since: Dec 30, 2010

Get the hell out of here with this unbiased BS!!!

33. tedkord

Posts: 17417; Member since: Jun 17, 2009

It's absolutely absurd that Koh won't let Samsung argue that the last patent they supposedly infringed has been invalidated on multiple counts. She's more interested in keeping her schedule light than doing her job. Disgraceful.

* Some comments have been hidden, because they don't meet the discussions rules.

Latest Stories

This copy is for your personal, non-commercial use only. You can order presentation-ready copies for distribution to your colleagues, clients or customers at https://www.parsintl.com/phonearena or use the Reprints & Permissions tool that appears at the bottom of each web page. Visit https://www.parsintl.com/ for samples and additional information.