Federal Circuit Court Judge Lucy Koh has entered orders for the limited damages retrial between Apple and Samsung that begins next week, and has largely favored Apple's interpretation
of how the jury should understand and award monetary damages or other penalties for the contested patents. Apple won a judgement of over $1 billion
against Samsung in the original trial, but approximately 40 percent of that award was held back for re-examination.
The new trial, which will also have a jury, will re-calculate damages Apple should be awarded over patents infringed upon by Samsung due to what the judge felt was a flawed basis for the initial awards damages on some of the charges. While many expect the awards on the disputed patent infringements to be reduced, there is in fact an equal possibility that Apple could win larger awards.
While Samsung had proposed a much more complicated form in which jurors would have to break down awards into "reasonable royalty," "Apple's lost profits" and "Samsung's profits" categories and require not just an amount but specific types of damage awards, Judge Koh went with Apple's simpler structure of just a total amount of damages, with a breakdown of the total for each infringing product.
The jury will instead receive instructions on the different types of possible damage awards during the retrial, and receive a general instruction on what a patent is (which was proposed by Samsung) on the jury forms. The jury will not be deciding on the matter of "willful" infringement, and thus won't be in a position to decide whether the damages should be tripled -- that will be decided by the judge, who thus far has expressed a reluctance to rule on that point.
Judge Koh also agreed with Apple that the new jury will hear about the findings of the original jury. The new jury will be informed that the verdict from the first trial was that all of the patents whose damages are being recalculated were found to be valid and infringed by Samsung. The Korean manufacturer can continue to object to the conditions during the retrial, but will be mostly doing so to preserve its record for appeal, says patent case analyst Florida Mueller