Week 6, Post 1 — Judge rules second trial needed: Apple vs. Samsung

Judge Lucy Koh, the federal judge presiding over two of the Apple vs. Samsung cases in Northern California, has entered an order striking or vacating of $450,514,650 from a $1.05 billion damages award determined by a jury in August 2012 from Samsung to Apple.

This corresponds to 14 Samsung products that now require a new damages trial. This is due to the fact that the court cannot make adjustments it proclaims necessary for legal reasons—the jury set only one damages figure per product, but over half a dozen different intellectual property rights were found infringed. This in turn resulted in a lack of transparency and clarity as to what portion of a per-product damages figure is attributable to a given intellectual property right.

The second damages trial has not been set yet. The court recommends to hold it only after the appellate proceedings. However, irrespective of the fact of when it's held, the new trial may result in a penalty figure that is higher or lower than the $450 million vacating. There will have to be a new jury for this trial.

The fourteen products being reevaluated are:

Galaxy Prevail, Gem, Indulge, Infuse 4G, Galaxy SII AT&T, Captivate, Continuum, Droid Charge, Epic 4G, Exhibit 4G, Galaxy Tab, Nexus S 4G, Replenish, and Transform.