Samsung complains about Apple claiming ‘vastly greater damages’ in limited November retrial

“On November 12, 2013, the United States District Court for the Northern District of California is scheduled to commence a limited damages retrial in the first Apple v. Samsung case for the purpose of redetermining damages with respect to 13 of the 28 accused products,” Florian Müller reports for FOSS Patents.

“That’s what Judge Lucy Koh ordered on April 29, 2013,” Müller reports. “There was a caveat: Samsung was allowed to bring another motion for a stay (the first one was denied) based on progress in its efforts to have the United States Patent and Trademark Office invalidate a couple of patents-in-suit. But with the asserted claim of the rubber-banding patent having been confirmed last month and other reexaminations being far behind, prospects for a stay are not too bright.”

Müller reports, “Samsung is now trying to get the case schedule vacated, presumably in order to have the limited retrial postponed. In the event of a postponement, there would be more time for other reexamination requests (particularly the one relating to the ‘915 pinch-to-zoom API patent) to yield results that could persuade Judge Koh to stay the case. Samsung argues that Apple has violated the court’s orders concerning its damages claim at the retrial by presenting a “vastly greater” damages claim, and says a new case management conference must be held now. Apple told Samsung in no uncertain terms that it was going to oppose such a motion.”

Much more in the full article here.


  1. I think the delays have already gone way to far. Apple should argue that this has been delayed way to long as it is. Why do they need another delay other than to keep selling there copycat worthless products longer.

  2. To be fair. Apple should ask for Samsung pay back all the profits that Samsung has earned with Galaxy and also to prevention on the future products that Samsung’d copy from Apple. So Samsung will not copy Apple again, Samsung would innovate its own products instead of copy Apple. Innovation takes time, Samsung just wanted to cut corners for profit which is not fair.

  3. After gaming the IP laws, Samscum now seeks to game the American justice system and the courts…

    Samsung’s greed and evil have to date shown it to not be in control and to never know when to stop… Hopefully the courts will by now know how to stop it’s shenanigans and make them respect law and order…yeah right💤

  4. The S4 is going down. Samsung stock has fallen drastically. It’s like a repeat of what happened to Apple. The thing is, Apple has plenty of new products coming and I think the iPhone will continue to rise if you look at all the patents they have applied and been granted.

    Samsung don’t have that much access to Apple’s product blueprint anymore because of the ongoing split between the two.
    Samsung will be pressured to “innovate” by their own now and has to offer a better one every release. Noticed how the S4 was the almost identical to the S3? The features are gimmicky.

    1. Yeah a big divide between gimmicky (Google/Samsung) and well thought-out implementation (Apple). Maps being of course the exception as an unfinished released app but I think that episode is not likely to be repeated under Tim Cook’s watch.

  5. High advertising expenses
    Falling S4 sales
    Falling stock prices
    Billion fine from copying
    Threat from HTC One, Motoroal, and other Chinese phones
    And the lost of business from Apple.

    Because of their “next big thing” tag line, people now expect to see innovation after innovation from their phones. Big pressure.

Reader Feedback

This site uses Akismet to reduce spam. Learn how your comment data is processed.