No matter how weary the courts may become over the Samsung/Apple patent wars, the two companies’ legal departments seem content to continue dueling to the death. The latest volley: the damages from the big August 2012 infringement ruling in Apple’s favor.

Apple is seeking to recoup more than $411 million in damages from Samsung that a judge cut from last year’s $1.05 billion award in the original Samsung/Apple patent fight. A district court will now determine the actual extent of Samsung’s damages, which will be juror’s “sole job,” rather than reevaluating the merits of the original case.

In the August 2012 award, a district court found Samsung guilty of infringing upon six separate Apple patents from the company’s iPads and iPhones. The International Trade Commission also banned the import of any Samsung products that contain Apple-patented technology and upheld the ban in early October 2013.

However, in March 2013, U.S. District Judge Lucy Koh found the cash award given by the original ruling to be flawed. She said jurors miscalculated the period that the infringement occurred, overestimating when South Korea-based Samsung first received notice that it was infringing upon Apple’s patents. Koh also said that jurors mistakenly awarded Apple damages for infringement of utility patents, which isn’t legally allowed.

In this retrial, there will be one major change for Apple. Its former damages expert, Terry Musika, died last December. Chicago-based CPA Julie L. Davis will serve as Musika’s replacement, having previously worked on over 300 IP disputes. Michael Wagner will reprise his position as Samsung’s damages expert from the original trial.

Carl Howe, an analyst with the Yankee Group, told Bloomberg that given the facts of the case, Apple should still expect to see a substantial amount of money. “The argument at this point is simply about how much Samsung must pay Apple,” Howe said. “In my view, there is no chance that the penalties assessed will be small; the argument is just over whether they will be big or huge.”


InsideCounsel has been on the Apple/Samsung fight from the beginning. For the latest developments, check out these stories:

ITC ruling banning IP-infringing Samsung products upheld

Controversial ruling stops import of products that infringe standard-essential patents

ITC bans sale of Samsung products that infringe Apple patents

IP: The importance of design patents

Apple can’t add Samsung’s Galaxy S4 smartphone to infringement suit

Japanese court finds Samsung did not infringe on Apple synchronization patent