Responding to Samsung's complaints, she ruled in March that the jury had made such a hash of some of the damages calculations that they couldn't be sorted out without a new trial.
That trial is scheduled to begin on Tuesday.
Many experts believe the new jury will come up with an award smaller than the original $400 million. But it could, in theory, go the other way. (Pending appeal, Samsung is still on the hook for the rest of the $1.05 billion award -- roughly $600 million -- that's not part of this trial.)
One of the problems in the first trial was that the damages form the jury had to fill out was a 20-page legal and mathematical labyrinth. In the new trial, according to FOSS Patents' Florian Mueller, Samsung's lawyers were pushing for a jury form nearly as complicated:
"Samsung wanted a matrix specifying different types of damages (reasonable royalty, Apple's lost profits, Samsung's profits) for each product. It also wanted the court to accordingly instruct the jury to determine not only an amount but also the "type" of damages."
Apple's legal team, however, had learned its lesson. It proposed the attached one-page form, which Judge Koh on Monday agreed to use.
It was one of a series of pre-trial motions that have gone Apple's way.
"Samsung," Mueller wrote Tuesday, "has been unsuccessful so far with its attempts to muddy the water for the new jury."
A third trial, covering some of the products Samsung has introduced in the two and a half years since Apple filed its original suit -- including the Galaxy S3 (but not the S4) -- is scheduled to begin in March 2014.
Wouldn't it have been easier for Apple to replace her out-of-warranty iPhone 4?
FORTUNE -- This is a classic.
Woman buys an iPhone 4. Fifteen months later the power button stops working. She calls AT&T (T). They send her to Apple (AAPL). She works her way up and down the customer service chain and gets tough love at every turn: Her warranty expired three months ago. She has two choices. Pay for MOREPhilip Elmer-DeWitt - May 15, 2013 8:06 AM ET
Law firm investigating claims that brokerage firms failed to protect their clients
FORTUNE -- A press release crossed the business wires Thursday that's likely to catch the eye of many a frustrated Apple (AAPL) shareholder:
"The Securities Arbitration Law Firm of Klayman & Toskes," it begins, "announced today that it is investigating claims on behalf of Apple, Inc. shareholders who sustained investment losses due to an over-concentration of shares in Apple stock."
It's MOREPhilip Elmer-DeWitt - Jan 31, 2013 2:21 PM ET
It opened Tuesday, despite the trademark infringement suit Apple filed on Friday
[UPDATE: Sometime after 7:00 a.m. EST, the Amazon Appstore went live. Looks like Apple will have to go back to court and start specifying those unspecified damages it was seeking.]
Okay. It's Tuesday morning, and according to the New York Times, Amazon is supposed to enter the mobile app business today with a splash -- giving away a free copy MOREPhilip Elmer-DeWitt - Mar 22, 2011 6:13 AM ET
Steven Gibson, founder of Righthaven, spoke with Fortune for our story on his work in copyright lawsuits. Below, an edited excerpt of our interview with him.
Interview by John Patrick Pullen, contributor
Fortune: In the column from May 2010 where Review-Journal writer Sherman Frederick described new arrangements with Righthaven, he called it a technology firm. How is Righthaven a technology firm?
Gibson: Sherman Frederick does not speak for us, and we did not ghostwrite MOREJan 6, 2011 12:39 PM ET
The social graph of telecom litigants just got a little more convoluted
With thanks and apologies to InformationIsBeautiful.net, whose lovely graphic we've updated to put Apple's (AAPL) countersuit against Motorola (MOT) late Friday into context.
Note, as David McCandless and James Key pointed out three weeks ago when they posted the original, that the companies whose revenues are shrinking tend to launch more lawsuits than those that are growing.
Who is suing whom
[Follow MOREPhilip Elmer-DeWitt - Oct 31, 2010 8:18 AM ET
That HTC Android phone you bought made Microsoft a few bucks in license fees.
On the back of the news that Microsoft (MSFT) is suing Motorola (MOT) for patent infringments related to Android, Steve Ballmer tells the Wall Street Journal that HTC is paying a license fee for its use of Android...and that other Android manufactures may be forced to do the same.WSJ: Is that difficult in an environment where Android MORE Seth Weintraub - Oct 3, 2010 10:59 PM ET
Oracle contends that Google's Android Operating System violates patents it picked up when it purchased Sun Microsystems.
In a press release posted after business today, Oracle (ORCL) charged that Google's (GOOG) Android OS infringes on Oracle patents and copyrights related to Java.
"In developing Android, Google knowingly, directly and repeatedly infringed Oracle's Java-related intellectual property. This lawsuit seeks appropriate remedies for their infringement," Oracle spokeswoman Karen Tillman said in a statement.
The complaint alleges MORESeth Weintraub - Aug 12, 2010 10:11 PM ET
A Utah woman used Google Maps' walking directions on her Blackberry and was given directions to walk onto a highway. She got hit and is now suing Google for damages.
You know those warning labels on those chemical packets that come in new shoes that say 'do not eat'? Have you ever wondered why they have to print something so stupidly obvious?
Enter Lauren Rosenberg of Park City, Utah. She used Google MORESeth Weintraub - May 29, 2010 5:29 PM ET
Answers charges of patent "theft" with a polite press release and a Google e-mail address
Two weeks after Apple (AAPL) filed a pair of lawsuits against HTC for allegedly infringing on 20 iPhone-related patents, the Taiwanese smartphone manufacturer broke its silence. In a series of press interviews and a statement released early Thursday morning, it said:
HTC advocates intellectual property protection
It has always respected other innovators' technologies and will continue to do MORE
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