Apple’s epic patent case victory against Samsung ordered to retrial by judge

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Here we go back to square one. A federal judge has ordered a new trial in one of the most critical patent cases of the smartphone era that originally saw Apple win a sweeping victory against rival Samsung.

Over the weekend, Judge Lucy Koh issued a ruling that a new trial was needed, coming 10 months after a ruling by the U.S. Supreme Court that tossed out the original verdict from 2012. The ruling was spotted by Foss Patents, a tech patent blog. Koh asked the companies to propose a timeline for a new trial.

The ruling is the latest blow to Apple in the case, one that threatens to erase the last bits of what was a decisive legal and public relations triumph back in 2012. Though it seems like another era now, Apple had launched the litigation claiming Samsung, in using features in Android and the hardware of its phones, had blatantly ripped off the iPhone.

It was one of the last gestures of CEO Steve Jobs, who felt betrayed by former partner Google, creator of Android. He was determined to prove in court that Apple was responsible for the game-changing designs that launched the smartphone era.

A federal jury seemed to agree in 2012, awarding Apple more than $1 billion and finding that Samsung did violate several patents. But little by little, Samsung has chipped away at the verdict, getting some parts thrown out on technicalities, and getting other parts reduced as judges refined the ruling.

Still, it seemed Samsung face long odds in getting the whole verdict thrown out. While appeals were still pending, Samsung actually paid $548 million to Apple in December 2015 because it seemed its chances were so slim. But then in December 2016, the Supreme Court ruled that the instructions to the jury in the original trial were too broad, that rather than calculating damages based on the price of entire phones sold, damages should only be limited to components or parts of the design that violated patents.

At stake now is about $400 million of that $548 million that Samsung had paid. After the Supreme Court ruling, Apple argued that Koh could could confirm enough of the original ruling in a way that would avoid a new trial and keep the $400 in tact. But Koh decided instead that the best route is a whole new trial.

“The Court finds that the jury instructions given at trial did not accurately reflect the law and that the instructions prejudiced Samsung by precluding the jury from considering whether the relevant article of manufacture… was something other than the entire phone,” Koh wrote.

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