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Apple on the backfoot as Samsung gets retrial

The United States District Judge Lucy Koh, on the 23rd of October, 2017, in San Jose, California, issued a judicial order on a late Sunday night, after about ten months since the US Supreme Court awarded $ 399 million as damages for infringement against Samsung for simulating a similar product leading to resembling and mimicking the iPhone’s design for Galaxy and other devices.

The Supreme Court in its judgement, highlighted that damage can only be based on parts of a device that may have violated patents, and does not have to necessarily violate patents of the entire device. Koh said that the jury pertaining to the trial might have been misguided as the jury’s instructions do not “accurately reflect the law” and may have threatened Samsung by preventing jurors from judging whether any infringement covers anything other than the whole phone.

Apple had in their previous statements put up the argument that a Re-trial was out of order and not necessary and that the $399 Million should be held, which was to be a part of the total $599 Million that Samsung paid to Apple in the December of 2015.

The legal dispute regarding the matter related to whether the “manufacturing article” under which Samsung paid damages, included all of its smartphones, or only parts that violated Apple’s patents as established in the judgement by the District Judge on Sunday.

Samsung, on the other hand, asserted paramount importance on what it hopes to be the penultimate judgement, terming it to be “a historic opportunity to determine how the US Supreme Court’s guidance on design patent damages will be implemented.”

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