Last week, we predicted Apple may snatch the second largest patent infringement award in history if it wins the forthcoming retrial against Samsung. Today, Bloomberg is suggesting that Apple may be looking to recoup more than the $450 million in damages Judge Lucy Koh cut from the $1.05 billion jury award won by the Cupertino company last year.
The original verdict in August 2012, which was the year’s largest in the U.S. at the time, was found by Lucy Koh to be flawed because jurors miscalculated the period that the infringement occurred for some of the 28 Samsung devices on trial. Today, Jury for a retrial ordered by the Judge over how much Samsung should pay for infringement of Apple’s intellectual property, will be selected in San Jose, California.
The report notes that Judge Lucy Koh will instruct jurors that the previous nine-member jury found Samsung infringed five valid Apple patents and that their “sole job” is to determine the amount of damages Samsung must pay for the infringement of 13 Samsung products.
Apple hasn’t said how much it will seek, this jury’s revision of the damages to properly account for the infringement may result in more than the $410.6 million subtracted from the previous award, according to Carl Howe, an analyst with Yankee Group.“
The argument at this point is simply about how much Samsung must pay Apple,” Howe said. “In my view, there is no chance that the penalties assessed will be small; the argument is just over whether they will be big or huge.”
Apple, which initiated the lawsuit in 2011, is seeking to limit Samsung’s increasing share of the U.S. smartphone market, where it ranks No. 1 and the Korean company ranks at No. 2. According to a recent court filing, Apple is expected to call as a witness its marketing chief Phil Schiller and former vice president of iOS software Scott Forstall.