Welcome to the MacNN Forums.

If this is your first visit, be sure to check out the FAQ by clicking the link above. You may have to register before you can post: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below.

You are here: MacNN Forums > News > Tech News > Apple requests immediate damages retrial; Samsung stalls

Apple requests immediate damages retrial; Samsung stalls
Thread Tools
MacNN Staff
Join Date: Jul 2012
Status: Offline
Reply With Quote
Mar 19, 2013, 06:05 PM
As expected, Apple has filed a motion with Judge Lucy Koh in the Northern District of California to request a April 3 case management conference in order to expedite the ordered repeat of the damages phase of the first smartphone patent trial between Apple and Samsung. A competitive motion from Samsung was filed after Apple's, with the Korean manufacturer requesting a partial final ruling which Samsung will then appeal -- and based on that, it is requesting a stay of the damages retrial indefinitely.

Apple wrote in its filing that "until the damages retrial is held and supplemental damages are decided, appellate review of the March 1 Order will not be obtainable. No final judgment exists to ground an appeal because the March 1 Order directs further proceedings in this Court. Apple researched avenues for an interlocutory appeal of the March 1 Order, but none proved viable. The likely result of an attempt would be a dismissal of the appeal without a substantive decision. That would only further delay a conclusion to these proceedings. Thus, while interlocutory review may seem inviting, Apple believes attempting it would be futile and would only cause delay."

Apple attempted to get Samsung to agree to the expedited retrial of the damages. Apple's motion says that "attempting appellate review through that vehicle would also likely lead only to dismissal of the appeal with no substantive decision."

Patent analyst Florian Mueller believes that Judge Koh doesn't want any further delay caused by the appeals from Samsung that are likely to be dismissed. Barring the judge's approval of the Samsung delay, Mueller states that "Apple and Samsung could at least agree on a schedule for the briefing process relating to Samsung's forthcoming motion for a Rule 54(b) judgment.

Apple will file its opposition brief on March 26, and Samsung will reply to that one three days later. The parties didn't agree on a hearing date, but the stipulated briefing schedule makes Apple's requested hearing date a possibility."

The $451 million in damages slated to be retried are associated with 14 Samsung products. The products involved include the Galaxy Prevail, Gem, Indulge, Infuse 4G, Galaxy S II AT&T, Captivate, Continuum, Droid Charge, Epic 4G, Exhibit 4G, Galaxy Tab, Nexus S 4G, Replenish, and Transform. Apple is still owed $599 million as a result of the trial beyond the challenged devices, which will accumulate interest at a rate of 0.16 percent until paid in full. Additionally, supplemental damages from the period between the original verdict in August and the final judgement yet to be determined will be based on actual sales figures of the infringing devices, meaning Samsung could end up paying even more than the $1.05 billion originally awarded by the jury.

The new trial is not prejudicial against Apple or necessarily beneficial for Samsung, and is intended to clarify the nature of the infringement and which patents are held in violation for a more granular determination of what is owed. Damages for the infringement, however, could be higher or lower, and will be determined by a new jury.

13-03-01 Apple v Samsung Final Order on Damages

( Last edited by NewsPoster; Mar 20, 2013 at 02:23 AM. )
Junior Member
Join Date: Jul 2008
Status: Offline
Reply With Quote
Mar 19, 2013, 09:52 PM
your comment
Senior User
Join Date: Jan 2007
Location: SF
Status: Offline
Reply With Quote
Mar 20, 2013, 04:00 PM
The excruciatingly slow machinations of pretrial, trial, judgement, appeal, judgement, hearings, motions this way, motions that way, awarded delays, appeals,...

Eventually no one will care any more. There won't be competing products, just the same product with different company names. Keep going Samsung. You're not doing anyone any good with this. Pay up and move on.
Thread Tools
Forum Links
Forum Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts
BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Privacy Policy
All times are GMT -4. The time now is 09:25 PM.
All contents of these forums © 1995-2015 MacNN. All rights reserved.
Branding + Design: www.gesamtbild.com
vBulletin v.3.8.8 © 2000-2015, Jelsoft Enterprises Ltd., Content Relevant URLs by vBSEO 3.3.2