Apple and Samsung are scheduled for a due-over in their ongoing patent infringement fight now that Federal Judge Lucy Koh has set a date for a new damages trial for November 12. The trial will determine damages owed to Apple as part of a court victory from August 2012.
Apple and Samsung to square off over infringement damages in November
Apple was awarded over US$1 billion in damages by a jury as part of the ruling, but later Judge Koh threw out $450.5 million from the judgement because the jury assigned a single damage figure to each infringing device instead of noting every patent attached to the devices. That amount was later dropped to $365.5 million after Apple pointed out a math error.
This new trial will review 13 of Samsung's Android-based devices to set revised damages, and could result in a higher or lower dollar amount owed to Apple based on a jury's ruling.
"I guess Apple is reasonably happy with the overall outcome, even though it would have preferred the retrial to take place sooner than November," commented Florian Mueller of FOSS Patents.
Apple and Samsung have been fighting in courts in several countries since 2011 over claims they are infringing on each other's mobile device patents. Apple's highest profile win came last August when a U.S. Federal Court Jury ruled it wasn't infringing on any Samsung patents, while Samsung was infringing on several of its patents, which ultimately led to Judge Koh vacating part of the damages this new trial will address.
Apple and Samsung haven't commented on the trial date, but it's a safe bet Apple is happier about a firm court date than Samsung.