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There’s yet another trial in the works for Apple Inc. and Samsung Electronics Co. The 2011 “trial of the century” is headed for a retrial in 2018 on design patent damages. A jury in U.S. District Judge Lucy Koh’s courtroom awarded $399 million the first time around, but the U.S. Supreme Court ruled last fall that maybe Apple wasn’t entitled to all of Samsung’s profits on its infringing smartphones and tablets. Instead, it’s due profits only on “the article of infringement.” The high court, as is its wont, left it to the lower courts to decide what that means in practice.
Scott Graham writes about intellectual property and the U.S. Court of Appeals for the Federal Circuit. Contact him at email@example.com.