Published: Mon, October 23, 2017
Research | By Raquel Erickson

Samsung and Apple are about to revisit their patent trial

Now the original judge who has been dealing, with the case, judge Lucy Koh, has ordered the two companies back to court. According to the latest info, the Korean tech has made a decision to take the iPhone manufacturer back to court to settle the $400 million damage quote thanks to a successful appeal from Samsung. While the two companies could still agree to a settlement, the next step of action is for the attorneys from both Samsung as well as Apple to come to an agreement about what date the retrial should begin. The case was last heard in the Supreme Court, which last December reversed on an earlier order to reward Apple $399 million in damages from Samsung.

The Supreme Court previously said Samsung should pay up $399M because damages only applied to patented parts of the device that were copied rather than the whole device. A ruling that dates back to a dispute about carpet designs determined that when one company infringes on the design of another one, it must hand over all of the profits made as a result.

For over a century until Apple v. Samsung, damages from design infringement suits were generally calculated using the entire profits of the product - or "article of manufacture" in legalese - in question. But the Supreme Court said this thinking was mistaken.

That years-long patent infringement battle between Apple and Samsung isn't over yet. Instead, the court ruled that Samsung should only have to pay Apple for the parts of its phone that violated Apple's patents. Koh has detailed how an "article of manufacture" should be defined.

In her order, Koh wrote that Apple "shall bear the burden of persuasion on identifying the relevant article of manufacture and proving the amount of total profit on the sale of that article".

Now both companies have until October 25 to propose a retrial date.

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