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Apple and Samsung set to resume lengthy court battle

(Image credit: Image Credit: jejim / Shutterstock)

Just when we thought the lengthy patent lawsuit between Apple and Samsung was finally behind us, a judge in California has granted the Korean electronics manufacturer a retrial that will begin early next year. 

The original case came to a close in 2012 when the court found Samsung guilty of infringing on Apple's design and patents.  Apple was awarded $399 million and since then Samsung has been trying to reverse this decision in courts worldwide. 

However, the Korean company finally took its case before the Supreme Court last year, arguing that in the original case patent was applied too widely being as every smartphone produced could be made up of hundreds of thousands of patented technologies and that it was unfair to base damages on the total profits earned from a device when only a few patents were infringed upon. 

In December of 2016, the Supreme Court decided in Samsung's favour and the case has been making its way back through court. 

This week Judge Koh from the state of California granted the Korean company a retrial, saying: 

“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 for the purpose of §289 was something other than the entire phone.”    

Submissions for the upcoming retrial have been scheduled for December and the Jury Trial will begin early next year in May where Samsung hopes to lower the amount it has to pay Apple over infringing on its design and mobile patents.

Image Credit: jejim / Shutterstock 

Anthony Spadafora
After living and working in South Korea for seven years, Anthony now resides in Houston, Texas where he writes about a variety of technology topics for ITProPortal.