Apple v. Samsung trial redux: What you need to know (FAQ)


Apple and Samsung are combating patents.

The latest Apple versus Samsung patent infringement saga installment kicks off Tuesday. This time, it can be all in regard to the money. In August of the final year, a 9-individual jury sided with Apple on most of its patent infringement claims against Samsung Electronics. At that time, the jury awarded Apple $1.05 billion in damages, much less than the $ 2.seventy-five billion sought by the Cupertino, Calif., electronics giant. Samsung, which requested $421 million in its countersuit, didn’t get the rest.

On the other hand, Judge Lucy Kohl ordered a new trial in March to recalculate one of the most damages within the case, hanging $450.5 million off the unique judgment towards Samsung. That implies that Samsung remains on the hook for roughly $600 million in damages; however, a new jury has to decide how much else it owes. This trial is a do-over of the remaining year’s jury ruling on damages. To better understand what this means, CNET collectively put together this FAQ.


What was once the original trial about?

Apple initially filed a swimsuit in opposition to Samsung in April of 2011, accusing the Korean firm of copying the feel and appearance of its products. Samsung countersued two months later over patent infringement. The preliminary trial, which stretched over three weeks in August of 2012, wrapped both circumstances in one, which may squeeze together the patent infringement concerns alongside antitrust claims and even change dress issues.

The trial in San Jose, Calif., was characterized by an immense trove of proof that unveiled a few of each company’s biggest secrets and techniques.

Apple tried to point out that Samsung wasn’t making anything else regarded remotely, just like the iPhone or iPad, except for each product launched. Samsung generally pointed to inner paperwork that showed it used to be at work on contact-reveal telephones with massive rectangular displays and rounded corners smartly before Apple showed up. A jury ultimately dominated Apple’s choices.

Why did they decide to order a brand-new trial?

Kohl decided the unique jury did not, as it should have calculated how much Samsung owed Apple for patent infringement. As she stated in March, “the court has recognized an impermissible prison concept on which the jury based its award, and cannot fairly calculate the amount of extra while effectuating the intent of the jury.”

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Why did the jury have one of these trying times figuring out a suitable quantity within the first trial?

To reach their decision, jurors had to work through a 20-web page file that required them to the parent which devices from the two companies infringed on which patents — a daunting process bearing in mind Apple had accused just about two dozen of Samsung’s gadgets of violating patents. Within the new trial, jurors should fill out a one-web page kind.

What does the jury decide this time around?

Apple says consumers would have offered its iPhone and iPad if Samsung hadn’t offered equivalent merchandise. For the retrial, it all comes down to how much Apple lost from selling Samsung’s units that infringed on its patents. On that one-web page form, the jury must decide the overall quantity Samsung owes Apple and the dollar breakdown by product.

Outside the US District Court docket in San Jose, Calif., the scene of the Apple v. Samsung trial.

The place does the retrial take place?

It’ll be held in the US District courtroom in San Jose for the Northern District of California.

How lengthy will it be?

The trial should close in six days. It starts on November 12 with jury selection and presumably opening statements. It is slated to end on November 19, after which the jury has time to deliberate. The expectation is that everything might be wrapped up via November 22 or early the following week before the Thanksgiving vacation.

What quantity of money is at stake?

A whole lot of millions. Kohl cut about $450 million from the initial ruling, and jurors can award Apple more than that quantity.

What gadgets does the retrial observe?

The merchandise in query embodies the Galaxy Prevail, Gem, Indulge, Infuse 4G, Galaxy SII AT&T, Captivate, Continuum, Droid Charge, Epic 4G, exhibit 4G, Galaxy Tab, Nexus S 4G, refill, and Transform. In particular, they successfully racked up $ fifty-seven. The nine million of the damages tally, which Kohl stated used to be a failure on the jury’s section because the instrument was discovered to infringe most effectively on utility now, not design patents.

What does this imply for customers?

Not much. The sooner trial decided Samsung had infringed on Apple’s patents, and the Korean firm had already redesigned the units to avoid issues. It is a third trial scheduled for March that will have some impact. That covers gadgets Samsung has released following Apple’s authentic suit, including the Galaxy S3.

What does this imply for Apple and Samsung?

A few hundred million bucks method very little financially for Apple or Samsung, which generate billions of dollars 12 months in profits. But the place of the retrial could be key to setting up appeals. It also may create priority for further instances associated with patent infringement within the new cell world.

Why don’t the businesses settle?

Apple and Samsung have held agreement talks many times; however, they have not been ready to achieve a compromise. Part of the problem concerns licensing rates for patented technologies. Either side has reportedly made proposals that have been rejected with the aid of their rival.

At this level, litigation is more about pleasure and being confirmed properly than money. Steve Jobs, the late Apple co-founder and CEO, long maintained that Google’s Android working device used to be a rip-off of Apple’s iOS, and he did not need to settle any court cases with Google or its companions.

What’s subsequent?

This retrial doesn’t mark the top of the Apple-Samsung battle. There are probably appeals galore, and another patent trial starts in March. The upcoming practice in 2014 offers a more recent set of devices from both corporations and different patients; nevertheless, it pits both tech giants (also industry companions) against one another all over again.

In February, Apple filed a brand new swimsuit against Samsung cl,osing 12 months, claiming Samsung’s Galaxy Nexus infringed on 4 of its patents. The case has in view that grown to incorporate a mess of products, including Sam, Sung’s Galaxy S3, and Be Aware 2, together with a counterclaim focused on Apple’s iPhone 5. Kohl informed both sides they needed to trim down the choice of accused merchandise to 25, and patent claims to 25.