Editor in Chief
- Jan 5, 2011
It's amazing how quickly time flies. Just last year, Apple won a huge patent fight against Samsung in the United States, to the tune of over $1 Billion in damages. The award was later reduced to roughly $650 Million, and of course, a retrial was scheduled for November of 2013.
That retrial date is rapidly approaching and some new developments have occurred. Apparently, between then and now, the original damages expert for Apple passed away and a new person has taken over. This new damage expert lawyer is confident that Apple can ask for "vastly greater damages" in the retrial this time. Here's a quote from the filing,
By way of example, and without limitation, Ms. Davis's new report: (a) improperly changes the design around periods; (b) includes new per-product damages calculations, which Ms. Davis calls 'incremental profits'; (c) includes 42 alternative damages calculations hinging on different assumptions; and (d) includes extensive commentary on new evidence and trial testimony.
No specifics were offered as to how much these "vastly greater damages" will be when Apple asks for them. Of course, Samsung is not thrilled about this at all and has requested a postponement of the trial. They are actually trying to develop proof that Judge Lucy Koh should stay the case, effectively stopping the retrial in its tracks.
Hopefully we won't see the massive influx of patent war news between these tech giants like we did last year (and in 2011), but it still appears their fight could show up in the headlines again for the foreseeable future until all of this finally gets worked through.