Apple vs. Samsung In Patent Wars: Determining Damages


The next round in the patent wars between Apple Inc. (NASDAQ:AAPL) and Samsung Electronics Co., Ltd. (LON:BC94) (KRX:005930) begins today, and this time, it’s a retrial on damages. A judge ruled in August 2012 that Samsung violated some of Apple’s patents. The jury in the case awarded $1.05 billion in damages to Apple, but in March, Judge Lucy Koh struck $450.5 million off that amount and ordered a retrial to determine again what Samsung should pay.

Samsung still owes $550 million

At this point Samsung still has to pay $550 million from the $1.05 billion originally awarded because the judge allowed it to stand. This retrial is to figure out how much additional money the company must pay to Apple Inc. (NASDAQ:AAPL). Apple had been seeking $2.75 billion in the case, and Samsung had countersued and asked for $421 million.

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Judge Koh decided in March that the jury improperly calculated the amount Samsung should pay to Apple. She specifically said the damage award on 13 of the more than 20 Samsung devices was not calculated properly, which is why she struck only part of the amount awarded by the jury.

What will happen in today’s Apple – Samsung retrial?

The retrial which starts today is expected to last six days, and it’s a time for Apple and Samsung Electronics Co., Ltd. (LON:BC94) (KRX:005930) to convince a new jury how much Samsung owes Apple. According to, Apple must prove that it lost sales because Samsung infringed upon its patents. It also must demonstrate how much it lost because of Samsung’s infringement. Apple Inc. (NASDAQ:AAPL) claims consumers would have bought its products if Samsung had not sold devices it claims are copies.


After the trial is over, the jury will have to provide a dollar amount which Apple Inc. (NASDAQ:AAPL) should be awarded. Then it will have to break down those damages according to each of the 13 Samsung products in question.

This week’s battle between Samsung and Apple is certainly not going to be the last. Another similar case filed by Apple Inc. (NASDAQ:AAPL) is also pending against Samsung and expected to go to trial in the spring.