The Last Chance for Samsung to Prevent Damages Retrial
The everlasting trials for patent infringements between Apple and Samsung are very close to a further 3-year delay. This is because Samsung is struggling in every possible way to avoid a damages retrial by Judge Lucy Koh and a competent jury. So far, the question how much exactly does Samsung have to pay is still unclear. The Korean manufacturer does not protest against the patent infringement convictions, but argues that Apple is overestimating the damages and claims that $52 million are enough compensation. Apple, however, wants $300 million.
The new development of the case comes from a USPTO statement that the ‘pinch to zoom’ patent of Apple may not be valid. In this case Samsung doesn’t have a great chance of getting something from this, because the only thing required from Apple so far is to present more documents in order to justify the validity of their patent. The Korean company, however, is seeing in this their last straw and are claiming that the USPTO decision may affect the work of the jury.
Apple, however, should not be worried, only frustrated, because they have been asked for more documentation before and have not had patent problems. But it seems that Samsung have one last Ace in the hole, claiming that Apple has deliberately claimed a sum for all the patents altogether and not for everyone separately. In other words, if Samsung succeeds in knocking this patent out, the jury will have to estimate the compensation for the infringement of every patent.
This is, however, too far to even think about it, as the actions that will be undertaken by USPTO because of the newest Samsung filling will take 18 months to invalidate the patent. Another 18 months will follow when Apple argue the invalidation. All this will come true if Judge Lucy Koch approves the latest filling by Samsung. This is the second request for investigation of this patent Korean company, the last one already denied.