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Despicable Samsung gets the iPhone Design Retrial that they sought, thanks to California's Judge Koh

1 cover 2017 california judge lucy koh


Last week Patently Apple posted a report titled "A Hysterical South Korean Tech report is already demanding that their Government force Apple to Recall the iPhone 8." The report pointed out the disdain some in the South Korean press have for Apple as the report illustrated that they were already pushing the government to announce a recall of the iPhone 8 in Korea for a problem that doesn't even exist yet in Korea.


In the report I had also noted that "The rivalry between Apple and Samsung fans began with Apple suing Samsung for patent infringement regarding several aspects of the iPhone. The case is still ongoing as Samsung is dragging it out and fighting it at every turn." This point is once again in the press today as Samsung will be getting their design patent damages retrial in their case with Apple, reports FOSS Patents.


Florian Mueller of FOSS Patents posted a blog earlier today wherein he notes that on Sunday, "Judge Lucy Koh of the United States District Court for the Northern District of California determined that a new Apple v. Samsung trial on design patent damages, which Samsung had been fighting for in courts on both coasts of the United States since the 2012 verdict, is indeed going to happen. You can read her decision" below in Scribd document.  


New Order Requiring New Apple v Samsung Trial on Design Patent Damages by Jack Purcher on Scribd


The report further noted that "theoretically the retrial could still have been denied: Judge Koh explained that the test for the relevant article of manufacture (with respect to which Apple would be entitled to an otherwise-unapportioned disgorgement of infringer's profits) had to be determined first." For more analysis of this ruling, read the full report by Florian here.


Samsung's official statement on this development issued earlier today stated: "We welcome to District Court’s decision for a new trial. This is a historic opportunity to determine how the U.S. Supreme Court’s guidance on design patent damages will be implemented in our case and future cases."



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