back to article Judge sets the date for Patent Smackdown 2: The Damages

US Judge Lucy Koh has told Apple and Samsung they'll be back in court in November to try to decide whether the fruity firm deserves an extra $450m damages for alleged patent infringement. The judge has set trial dates for the 12th, 13th, 14th, 15th and 18th of the month in front of eight new jurors, after a previous jury found …


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  1. nuked

    This is getting silly.

    1. JetSetJim Silver badge


      Indeed - it would be much more cost-effective to let the USPTO invalidate at least most of Apple's patents that they're using before resorting to an overall retrial (which will happen when Sammy appeal everything). This is just a waste of everyone's time so that Apple can trumpet a press release saying they won.

      1. Persona non grata

        Re: silly

        Except that Judge Koh is still allowing damages for patents that have been invalidated during the course of the trial. She has demonstrated some bizarre thinking during this trial.

        This will just keep on going.

      2. Tom 13

        Re: This is just a waste of everyone's time

        Not quite everyone...

        The lawyers are loving this, especially the time they are investing in it.

  2. Anonymous Coward
    Anonymous Coward

    Public Domain

    The judge should throw out the case and put all of Samsung and Apple patents in the public domain and demand they both STOP wasting court time in every damn country they can possibly get away with it.

    1. JDX Gold badge

      The judge should ... put all of Samsung and Apple patents in the public domain

      Yeah and maybe demand they give all their phones away for free.

    2. Shagbag

      Re: Public Domain

      The only Courts whose time they're wasting are the US Courts.

      Apple's patents have been kicked out of Europe, Asia and just about everywhere except the US.

      While the US is a big market, it's ultimately the US c onsumer who will lose regardless of the final decision.

    3. Kevin 6

      Re: Public Domain

      difference in samsungs patents the majority they have is for actual chips used in devices(and apple has not paid to use but get away with), and other things that are required for phones to work

      Vs apples rounded corners, and other prior art patents that are for superficial looks.

      Apples patents being thrown free domain I won't argue as they shouldn't even be valid in the 1st place, but samsungs actually required R&D money and paperwork that wouldn't fit on the back of a bar napkin.

  3. Anonymous Coward
    Anonymous Coward

    Better settled in..

    ..Thunderdome. Put Tim Cook and Kwon Oh Hyun in.

    1. wowfood

      Re: Better settled in..

      Like that's fair, everyone knows Asians all know kung fu.

      1. Wang N Staines

        Re: Better settled in..

        Tim knows bugger all about kung fu.


  4. MrMur

    If you follow this in Groklaw, you will know that Apple have come out and said that they wish to get the appeals and everything over and done with by the time USPTO finalises their invalidations of Apples patents so they get to keep the money anyway, irrespective of UPSTO outcome.

    Where is justice in that?

    1. thesykes

      Justice? Who said anything about justice?

      This is all about money.

  5. Lord Elpuss Silver badge

    So $600m is already agreed?

    So if I read this correctly, the $600m stands, and this new trial is about the other $450m.

    So Sammy still gets to bend over and pick up the soap, it's just about whether they let another 450 prisoners into the washroom to join the 600 already there. Or am I misunderstanding something?

    1. zemerick

      Re: So $600m is already agreed?

      Quite backwards. The $600m is what has already been thrown out.

      Granted, this upcoming trial could raise it back up to the 1.05 billion, or even more. It could also drop everything entirely and find that Samsung owes nothing.

    2. Tom 13

      Re: Sammy still gets to bend over

      Well, if you were Sammy, yes; but only because you'd be out of cash.

      Sammy on the other hand will spend some of theirs to appeal it if the ruling is too in favor of Apple. Apple will do likewise if the verdict is in favor of Sammy. Basically it won't end until it gets to SCOTUS.

  6. Adam 1 Silver badge

    pretty simple solution

    It seems to me that they should just get judge Judy to decide who owes who what.

    1. Anonymous Coward

      Re: pretty simple solution

      Now that would be good telly, watching JJ put the pair of 'em in their respective places...

      Then have a celebrity deathmatch parody with an S4 and an iPhone...

      Handbags at dawn!!!!!

  7. FozzyBear Silver badge

    Well at least all those lawyers will get another pay day soon. Driving around in last years model merc or BMW must be devastating for them

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