Apple vs. Samsung will reconvene in November to recalculate jury damages, it’s been confirmed, with Judge Lucy Koh warning both parties to expect “Groundhog’s Day” in the courtroom. Apple had been granted $1.05bn in damages from Samsung last year, after a jury found the Korean company guilty of patent infringement with fourteen of its Android products; that figure was subsequently slashed, but questions around how the original jury considered each of the relevant patents forced a new damages trial that will kick off on November 12 2013.
There, Koh will preside over questions around the damages adjustments on those fourteen products, which she initially cut $450.5m from back in March, The Recorder reports. The hearing will, if Koh has her way, be the final step before Samsung can appeal the decision fully. “Once this is resolved,” she told the firms, “you can take all of it up to the Federal Circuit.”
In the period before then, Apple will have to submit a new expert report on damages – after having found a new damages expert – following which Samsung will have the opportunity to file a rebuttal expert report of its own. Expert discovery is expected to be completed by August 23, with a hearing and a pretrial conference scheduled for October.
“This is going to be Groundhog’s Day,” Judge Koh warned Apple and Samsung, suggesting that “you’re going to be reliving July of 2012.” The judge also refused to accept calls for a full retrial, insisting that the November case would be targeted specifically at damages based on the old information.
Although Samsung will be aiming to further trim its damages bill, it also faces the potential risk of an even higher cost. Just as the amount can be adjusted down, so could the jury decide to grant Apple even more than the $1.05bn originally imposed.