The Apple vs. Samsung patent infringement trial may be over in Japan and the United Kingdom, but it's taking place in two courts in the U.S.
Ahead of the second trial set for March 2014, the U.S. Court of Appeals for the Federal Circuit and the District Court for the Northern District of California are dealing with proceedings between the two tech companies.
In the latest filings, Samsung is requesting a retrial, with a new jury, in regards to 14 Samsung devices, which Apple allege infringed on their concepts. Samsung is arguing that under the Constitution, they are entitled to the new liability trial.
"[I]f the Court declines to enter the partial final judgment and stay that Samsung has requested, and instead sets the case for immediate new trial [as Apple requested], the Seventh Amendment would require that the new jury retry certain liability issues along with the damages issues that are subject to the Court's new trial order. See, e.g., Gasoline Products Co. v. Champlin Ref. Co., 283 U.S. 494, 500-501 (1931) (a 'partial new trial...may not properly be resorted to unless it clearly appears that the issue to be retried is so distinct and separable from the others that a trial of it alone may be had without injustice. Here the question of damages on the counterclaim is so interwoven with that of liability that the former cannot be submitted to the jury independently of the latter without confusion and uncertainty, which would amount to a denial of a fair trial.') (citations omitted); Hasbrouck v. Texaco, Inc., 663 F.2d 930, 934 (9th Cir. 1981) (requiring retrial of liability with damages in light of 'the overlap between proof of injury for liability purposes and for damage calculation purposes')." - Samsung Electronics Co.
According to Foss Patents, Samsung wants the opportunity to convince the new jury that no patent was infringed. The South Korean-based company believes the new jury would be less sympathetic to Apple under a new jury since they won the first trial in August 2012.
A report did note Apple is also seeking a new trial for the 14 patents. In addition, the Cupertino-based company requests that if U.S. District Judge Koh continues with the decision to reduce the billion dollar verdict then Samsung should not continue with their requested appeal. Apple further requested a possible reinstatement of the $85.3 million the jury awarded for Samsung's Galaxy S2 and Infuse 4G.
As Latinos Post has been monitoring, Judge Koh reduced the $1.05 billion verdict, awarded by a jury to Apple, by 40 percent. The percentage equates to approximately $450.5 million.
Latinos Post has covered the Apple vs. Samsung Patent Infringement Trial with a series chronicling the patent infringement case. The first installment can be read here, dating back Apple original complaint, while the second installment on how the Apple vs. Samsung trials is proceeding worldwide, click here. The third installment on its impact on other tech companies, such as HTC and Motorola, can be viewed here.
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