“Based on current schedules, there will be two Apple v. Samsung trials in the Northern District of Calfornia over the next 12 months: a smaller one in November and another big one starting in March,” Florian Müller reports for FOSS Patents. “At a case management conference held Monday afternoon local time, Judge Lucy Koh laid out a roadmap for resolving the post-trial issues in the first Apple v. Samsung case before her in order to enable an appeal from a final ruling, scheduling a limited retrial on damages for certain products (with respect to which the first jury’s damages award was vacated) for November, reinstating $40 million in damages for the Galaxy S II AT&T (which won’t have to be addressed by the second jury), and denying (for the time being) a stay pending reexaminations.”

“As I pointed out right after the March 1 damages order and also stressed last month, the limited damages retrial is not just an opportunity for Samsung to bring the damages award down but also an opportunity for Apple to seek even more damages, as Samsung itself confirmed in a brief,” Müller writes. “In my opinion the strategically most important thing here is something that neither the order nor any of the other reports I saw highlighted. If Samsung had obtained a partial final judgment, which it would have appealed immediately, it would have sought consolidation of that appeal with Apple’s already-ongoing appeal of the denial of a permanent injunction.

“For Apple’s strategic purposes, looking even beyond Samsung, it’s absolutely key to fight for the right to prevent direct competitors from infringement even if a patented feature cannot be proven (especially if there’s an exacting standard of proof in place) to drive consumer demand,” Müller writes. “I believe the unresolved state of the injunctive-relief issue is actually the single biggest obstacle to a settlement between these parties. Once this is clarified, the parties will have valuable guidance and a settlement will be much more likely at that stage than before.”

Much more in the full article – recommended – here.

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