Apple and Samsung will again go head to head in court this November after presiding Judge Lucy Koh called for a new trial to recalculate the damages awarded by a jury last August. The move comes after Judge Koh cut $450.5 million from the $1.05 billion originally awarded to Apple due to uncertainty over the jury’s findings.
The jury awarded Apple one damages figure for all 14 Samsung devices involved in the trial, but some of the handsets had infringed more patents than others. As a result of this, Judge Koh deducted $450.5 million from Apple’s settlement and called for another trial to redetermine this amount at a later today.
That trial has now been scheduled for November 12.
Earlier today, however, Judge Koh returned $40.5 million to Apple over an AT&T version of the Galaxy S II, which was originally thought to have been calculated using an incorrect time frame. Apple is only entitled to damages from the date it notified Samsung of possible patent infringement, while this particular device went on sale months after that.
Apple wasn’t successful in securing damages against a bunch of other Samsung devices, however.
Apple had requested for the new trial to be put on hold following concerns that two of its patents involved in the case may be invalid. Judge Koh rejected that request, but she did specify that Samsung is entitled to request a stay on damages related to those two patents — one of which covers Apple’s “rubber band” feature.
Prepare yourself for another heated courtroom battle this November, then, folks.Related