Samsung And Apple To Face Retrial Over $400 Million Patent Damages
Apple has its hands full at the moment, as the sale of the iPhone X nears, the company finds itself in a yet another prolonged legal battle against Samsung. The patent battle between Apple and Samsung over who owns the concept of smartphones with round corners is back for another trial. Back in 2012, the case was settled and Samsung was ordered to pay over US $1 billion to Apple. That figure is currently US $400 million and a successful appeal for a retrial means that this amount might be reassessed again.
The judgement was made yesterday by Judge Lucy Koh of the United States District Court for the Northern District of California, with the ruling spotted and shared by patent lawyer Florian Mueller. Apple and Samsung now have until the 25th of October to propose a date for the retrial, although Mueller has said that there is a high chance that the two companies will settle out-of-court instead. Although there’s still a lot of money on the table, both sides have proved their willingness to go to the mats on this issue. Moreover, Samsung and Apple cannot be distracted right now since both companies will be up against Qualcomm in a legal battle.
It is worth noting that the retrial isn’t to determine whether Samsung infringed the patents of Apple while making its smartphones. That bit is settled and Apple will receive the damages f0r it. This retrial is to see whether Samsung will pay the damages it pays based on the total profit it made from its handsets, or a percentage of that profit. Samsung argues that even if it copied certain aspects of Apple’s smartphones, these were only ever a part of the appeal of its own products. The Supreme Court Of America had already ruled that a judgement based on profit would be unfair.
