A rough date has been set for round five of the battle
over Samsung’s infringements of Apple patents in five
of its products. The Recorder reports that U.S.
District Judge Lucy Koh has said that the revised
damages will be determined by a jury trial in March
or April 2016.
In case you need a refresher, the story so far is this.
In round 1, the first jury trial, Apple was awarded
$1B in damages. In round 2, Judge Koh
vacated $450M of that award and ordered a retrial to
determine a revised sum. Round 3 was that jury trial,
with Apple awarded a lower sum of $290M – making a
revised total of $930M. In round 4, the US appeals
court ruled that while Samsung did indeed copy iOS
features, it should not have been penalised for
copying the general look of the iPhone, and therefore
the damages should be reduced. The new trial, to
revise those damages, will be round 5.
Unless, that is, the Supreme Court intervenes …
In a parallel track to the damages saga, Samsung has
been attempting to appeal the original verdict, back
in round 1. Its request to the U.S. Federal Circuit
Court of Appeals was rejected last month , and it was
reported that Samsung now plans to take the final
step of appealing to the Supreme Court. Should the
Supreme Court agree to hear the appeal, the
damages case would be postponed pending that
outcome.
Assuming the March/April trial does go ahead, Judge
Koh is not allowing either side to drag things out. She
has set aside seven days for the hearing, and is giving
each side just one day – six hours – to present
evidence. She is also limiting ths scope of that
evidence.
The court will not permit the parties to
expand the scope of the damages retrial
and will not allow the parties to rely on
new sales data, new products, new
methodologies or new theories.
Koh will also be ruling separately on a further 13
products said to infringe Apple’s patents.
A Taiwanese court recently ruled that Samsung used
trade secrets stolen from TSMC to help it win orders
from Apple.

http://emegr.com/blog/view/5935/rough-date-set-for-round-five-of-apple-v-samsung-patent-trial-to-maybe-finalize-damages.