Apple v. Samsung damages retrial: The definitive FAQNovember 12, 2013: 10:57 AM ET
Wonder what the trial that starts today is all about? Florian Mueller has the answers.
So it's probably appropriate that Mueller provide the definitive Q&A for the damages retrial that starts Tuesday in San Jose.
Click the links below for his full answers:
Q: Which Samsung products are at issue in this retrial?
A: Captivate, Continuum, Droid Charge, Epic 4G, Exhibit 4G, Galaxy Prevail, Galaxy Tab, Gem, Indulge, Infuse 4G, Nexus S 4G, Replenish, and Transform.
Q: How much money is this retrial about?
A: It's about a replacement amount for a $410 million portion of the August 2012 $1.049 billion verdict. The replacement amount could be more or less than the original one. Apple will be awarded (subject to an appeal) $639 million plus the replacement amount.
Q: Besides damages, does Samsung also have to fear an injunction over any of the patents-in-suit?A: Yes, that's actually quite likely, but it depends on the Federal Circuit and not in any way on the outcome of this retrial.
Q: Why aren't Samsung's own patent infringement assertions against Apple at issue?
A: Because the jury cleared Apple of infringement of Samsung's asserted patents and the judge declined to reverse that outcome.
Q: Are Apple's asserted patents valid?
A: Looks like it. One of the asserted claims has been confirmed by the patent office. Others are still being challenged, but no reexamination will result in a final, non-appealable rejection for years to come, if ever.
Q: When will these parties meet in court again?
A: With litigation in multiple countries, they meet all the time. For example, a trial is ongoing in Australia. In Northern California another trial between them is scheduled to begin on March 31, 2014.