As expected, Samsung is quite unhappy with Apple being award $290 million in damages after infringing on the iPhone-maker’s patents, and it wants a retrial. According to FossPatents, the Korean company actually wants a retrial of the retrial, which was meant to determine the total damages in the original ruling. All said and done, Samsung is on the hook for $930 million for violating Apple pants, down from the original ruling of $1.05 billion back in August 2012, and has formally request either a judgement as a matter of law (JMOL) or a new trial, FossPatents said.
Asking for adjustments based on a JMOL is apparently common practice, and FossPatents suggests Samsung did so not out of expectation to get another retrial, but merely to “preserve its record for the appeal.” Both parties are currently waiting for the Federal Circuit to issue a mandate, though that could be delayed if Samsung does try and get a retrial, or even file an appeal with the Supreme Court. Once it does make it to the Federal Circuit, both parties will have the freedom to appeal parts of the trial.
“If the Federal Circuit finds any jury instruction prejudicial or reverses any underlying liability finding, or disagrees with other relevant parts of the district court judgement, then there will be a third trial in this case (absent a settlement),” FossPatents wrote.
A third trial is unlikely, though it could definitely happen. “But for practical reasons it doesn’t make sense to delay the inevitable cross-appeal.” FossPatents writes that Samsung could argue that the jury failed to do its job of deducting costs from the claimed profits, and also that Apple violated the Entire Market Value Rule and misled the jury. Samsung may also argue racial bias, which Apple was accused of back in November just before the eventual ruling.
Apple has come out on top in almost every instance since the case first got underway, yet Samsung is still intent on appealing every chance it gets. With Judge Lucy Koh unlikely to order another retrial, hopefully we’ll see this battle come to an end sooner rather than later.