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Posted by on Nov 12, 2013 in Mobile |

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

Apple and Samsung are combating over patents.

The latest installment within the Apple versus Samsung patent infringement saga kicks off Tuesday. This time, it can be all in regards to the money.

In August of final yr, a 9-individual jury sided with Apple on a majority of its patent infringement claims against Samsung Electronics. At that time, the jury awarded Apple $1.05 billion in damages, so much less than the $2.seventy five billion sought by way of the Cupertino, Calif., electronics giant. Samsung, which requested for $421 million in its countersuit, didn’t get the rest.

On the other hand, Judge Lucy Kohl in March ordered a new trial to recalculate one of the most damages within the case, hanging $450.5 million off the unique judgment towards Samsung. What that implies is Samsung remains to be on the hook for roughly $600 million in damages; however a new jury has to come to a decision how much else it owes.

Essentially, this trial is a do-over of remaining yr’s jury ruling on damages. To get a greater understanding of what this means, CNET put collectively this FAQ.

What was once the original trial about?
Apple initially filed swimsuit in opposition to Samsung in April of 2011, accusing the Korean firm of copying the feel and appear of its products. Samsung countersued two months later over patent infringement. The preliminary trial, which stretched greater than three weeks in August of 2012, wrapped both of those circumstances in one, come what may squeezing together the patent infringement concerns, alongside antitrust claims and even change dress issues.

The trial, held in San Jose, Calif., used to be characterized by using 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 that regarded remotely just like the iPhone or iPad except each of those products launched. And 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 in Apple’s chooses.

Why did the decide order a brand new trial?
Kohl decided the unique jury did not as it should be calculate how a lot 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 laborious 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 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 must decide this time around?
Apple says consumers would have offered its iPhone and iPad’s if Samsung hadn’t offered equivalent merchandise. For the retrial, it all comes down to how much Apple lost from the sale of Samsung’s units that infringed on its patents. On that one-web page form, the jury must decide the overall quantity Samsung owes Apple, as well as the dollar breakdown by way of product.

Outside 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 for the Northern District of California in San Jose.

How lengthy will it ultimate?
The trial should close six days. It starts off evolved November 12 with jury selection and presumably opening statements. It is slated to end November 19, after which the jury has time to deliberate. The expectation is everything might be wrapped up via November 22 or early the following week beforehand of 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 kind of than that quantity.

What gadgets does the retrial observe to?
The merchandise in query embody 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. The be successful in particular racked up $fifty seven.9 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 effective on utility patents, and now not on 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 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 a 12 months in profits. But the place the retrial could be key’s setting up appeals. It also may create priority for further instances associated to patent infringement within the new cell world.

Why don’t the businesses settle?
Apple and Samsung have held agreement talks many times however have not been ready to achieve a compromise. A part of the problem has concerned licensing rates for patented technologies. Either side reportedly has made proposals that have been rejected with the aid of their rival.

At this level, the litigation is extra about pleasure and being confirmed proper than about 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 to be appeals galore, and another patent trial starts in March. The upcoming trial in 2014 offers with a more recent set of devices from both corporations, as well as different patents, nevertheless it pits both tech giants (who’re also industry companions) against one every other all over again.

Apple filed the brand new swimsuit against Samsung in February of closing 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 together with Samsung’s Galaxy S3 and be aware 2, together with a counterclaim that focused 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.