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Judges Cried Foul When Apple Won the Battle

November 11, 2013 | About:
Apple (NASDAQ:AAPL) and Samsung, two of the biggest tech giants, are set to spar once again this week in a California court over smartphone patents. The battle, if we remember, had started last year with Apple Inc. thumping an imposing victory over arch-rivals Samsung in that case. In fact, a few of the experts are predicting that even this time things couldn’t go in Samsung’s favor and that the case might result in an even steeper penalty for the smartphone maker.

The judgment that the jury made in San Jose which went in Apple’s favor was flawed. Mistakes made by the jury led Judge Lucy Koh to order a retrial earlier this year. A total of $450 million worth of the original $1.05 billion were vacated and new jury is said to have been summoned. This new jury will consider the appropriate dogmas for more than a dozen Samsung devices that were determined to infringe five Apple patents.

The issue of infringement is not being reconsidered in this trial. Judge Koh had said in March that the jury member had not followed her instructions about how to calculate dogmas once the jury was satisfied that Samsung was guilty of copying Apple’s designs for iPad and iPhone. Koh also said that the dates concerning when the infringement began and ended were also incorrect. This she said proved to be the turning point as the case was decided in Apple’s favor without the justice being delivered.

The most awaited hearing will depend on the jury’s determination of timeframe of Samsung’s infringement. This would in turn determine how much Samsung would pay for the damages. After the selection of the new jury on Tuesday, Apple’s legal team will argue that it is entitled to royalties from those infringing devices that Samsung sold plus a share of profit that the company earned by selling those devices and would also demand a reimbursement of its lost income.

Samsung in its defense is definitely expected to counter-argue that the damages that the tech giant owes to Apple Inc. is way smaller than what was originally avoided. This is because, the company says, that Apple had not issued a proper notice of infringement until 2011, rather than 2010 as Apple claims. What’s sad is that few of the devices found infringing are still selling in the U.S.

The trial is expected to last for around 10 days and is expected to end at least this phase of this case. This would allow Judge Koh to given her judgment somewhere around March 2014. This however, is not likely to end easily as the two giants are getting ready to lock horns over yet another patent battle in court next year.

After the jury gives its verdict, Samsung might have to start thinking about how to pay the damages to Apple Inc. Samsung is also expected to appear to the Federal circuit in next summer with the decision being expected not before late 2015 or early 2016. The case might also go out of hand and might reach the supreme-court. If this happens the final judgment wouldn’t be out before mid-2017. Apple and Samsung, though, declined to comment on this issue.

The performance of the stock of Apple Inc. for the past few months has been average. The company is rumored to be releasing a new model of iPhone, which would be costly, sometime around mid-2014. Investments in Apple would not be a bad idea as the analysts assume that it is due to pick up in coming months. What’s to see is where will this latest rift between Samsung and Apple lead to now.

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