12 November 2013Patents

Apple and Samsung back in court over billion dollar damages

Apple and Samsung are returning to court in the US today for a re-trial over the amount of damages payable as part of a high-profile billion dollar lawsuit.

The smartphone makers will square up again following a judge’s decision to order a re-trial over the amount of damages awarded to Apple after Samsung was found guilty of patent infringement.

In August 2012, the South-Korean based company was ordered to pay Apple $1.05 billion in damages in what was one of the largest amounts ever awarded in a patent infringement trial.

It argued that the South Korean company had copied its designs for the bodies of the iPhone and iPad as well as elements including the bounce-back response when a person scrolls beyond the end of list and tap-to-zoom.

However, in March the following year, Judge Lucy Koh, who presided over the trial, annulled $400 million of the original sum following complaints from Samsung.

Koh ruled that the jury had erred on some of the calculations for damages and that they couldn't be sorted out without a new trial.

The jury awarded damages for each product infringed but Samsung breached six patents in total, making it hard to quantify what proportion of damage corresponded to which infringement.

The damages to be re-assessed cover 14 Samsung products, including the Galaxy Tab and Nexus S 4G and Galaxy Prevail.

Apple had originally sought $2.5bn in damages from Samsung, which is still required to pay the reminder of the $1.05 billion award, around $600 million.

The pair will meet at the US District Court for the Northern District of California.

The battle between Samsung and Apple has attracted significant publicity and the pair are currently locked in several disputes throughout Europe.

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