Will Apple Vs. Samsung Round 2 Be a Re-Run?

Apple (NASDAQ:AAPL) and Samsung (SSNLF.PK) now have a date set for the retrial on some of the devices that U.S. District Judge Lucy Koh had ruled did not violate any of the iPhone maker’s patents, but it might not be a very spectacular event.

The two massive smartphone makers have been at each other’s throats for a while now, with; Apple has claiming that Samsung had “slavishly” copied its iPhones. The lawsuit started out with 26 Samsung devices under review for patent infringement. At the end of the trial, Apple won and was awarded $1.05 billion in damages.

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However, after the victory, Judge Koh discovered that the jury had used theory which she had specifically told them not to use when weighing the damages. Because of this, Koh lowered the damages by $450.5 million and removed 14 of the Samsung products from the ruling — though one has since been added back. The remaining 13 products are the focus of the retrial.

Naturally, Apple had been pushing for an earlier start to the trial, while Samsung had been requesting to have the retrial put on hold until the U.S. appeals court had taken a look at the validity of some of Apple’s patents. Neither company got what it wanted, as the date was set for November 12.

According to Koh, the retrial “is going to be Groundhog’s Day” as it is simply going to be a repeat of the previous trial, with almost nothing new added to the case. An additional trial will begin March 31, 2014, for the companies to settle other intellectual property claims.

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There is almost half a billion dollars at stake, as the retrial could find the damages to be higher or lower than the original valuation. The trial will not be drawn out, as its set to only last 5 days and will remain within the legal scope of the original trial.

Fortunately for Samsung, the company has been pulling in heaps of money, as it boosted net profit in the past quarter by about 42 percent, reaching around $6.5 billion. As sales of the Galaxy S 4 speed up, it could be generating even more revenue. A loss in the retrial would still cost the company a fair bit, but it might be able to handle the burden with its increasing economic resources.

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