Samsung-Apple Patent War
It is expected that the amount of compensation for damages will be recalculated in a patent infringement lawsuit where Apple accused Samsung Electronics of copying its iPhone design.
A district judge in San Jose of California ordered the start of a new trial for the recalculation of compensation for damages on October 22 (local time), local media sources including Reuters reported on October 23.
"The law was not accurately applied to the ruling on Apple and Samsung," district judge Lucy Koh said, saying that Samsung may have been prejudiced if jurors were prevented from considering whether any infringement covered something other than the entire phone.
Judge Koh will calculate the compensation amount again by judging how much the Apple patent infringed by Samsung contributed to Samsung's overall profit. The United States Patent Act stipulates that even if patent infringement occurs about some components of a product, compensation for damages should be calculated based on the total value of or total benefits from the product.
The new trial will be held ten months after the United States Supreme Court overturned the case in a trial at the end of last year, saying, "The amount of Samsung’s reimbursement for a design patent is US$ 399 million which is too much." Apple sued Samsung in April 2011 for the alleged infringement of a design patent. The following year, the first-trial court ruled that Samsung should pay Apple US$ 930 million. In the second trial, however, the amount of Samsung’s compensation for damages including a design patent remuneration of US$ 399 million was reduced to US$ 548 million but Samsung appealed to the US Supreme Court that the damages were excessive and finally obtained remand after quashing.
"We welcome the judge's order," said Samsung after hearing the news but Apple expressed disappointment with the order according to US economic magazine Fortune.
"The order is frustrating for Apple that said that the judge's order to start a new trial is unnecessary and the court should check the amount of damages," Reuters said. "Apple did not react immediately."