In the ongoing trial between Apple (NASDAQ:AAPL) and Samsung over intellectual property rights, the iPhone maker has pushed for a reinstatement of the damages for two of Samsung’s devices that a jury determined violated Apple-held patents, but it may be tricky to get.
The case, which was ruled on in August, awarded Apple $1.05 billion in damages, but U.S. District Judge Lucy Koh overturned a portion of the jury’s ruling, bringing the damages down by $450.5 million.
It’s believed that Samsung is seeking to further appeal the court decision and has requested a partial final ruling that could then be appealed. In this way, Samsung could be working toward an indefinite stay on the damages retrial regarding the $450.5 million Judge Koh took off the original penalty.
Apple, believing that this is the course Samsung will take, filed with the court to ask Judge Koh to reinstate the damages for Samsung’s Galaxy S II AT&T and Infuse 4G, which was worth $85.3 million in the original award. Apple claimed that these two Samsung devices were released during the permissible period for design patent infringement — which was not what Judge Koh had determined.
The reinstatement of the damages hinges on something Samsung actually wants, which is the partial final judgement. If Samsung receives this, Apple could get the motion for reconsideration and have the damages for the two products reinstated in this trial.
For the damages from the remaining devices, which Judge Koh had removed from this case, a retrial will be necessary. Apple has already filed a motion to request a case management conference on April 3 and tried to get Samsung on board, but it may not happen so soon if the current case is drawn out further.
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