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Lawyers For Apple, Samsung Ready For Second 'Trial Of The Century'

Publication Date: 
November 08, 2013
The Recorder
Julia Love

Professor Mark Lemley is quoted on the reasons behind the retrial of the massive infringement suit between Apple and Samsung in The Recorder.

If U.S. District Judge Lucy Koh has her way, Apple, Samsung and their teams of elite lawyers will spend next week reliving the patent trial of the century.

The parties are reuniting in a San Jose courtroom to make their cases to a jury once more, this time dueling over how much Samsung should have to pay Apple for copying several of its patented features. Koh ordered the retrial in March, finding the original jury's landmark $1.05 billion award to Apple was tainted by an improper notice date. She has insisted that the new trial must be a virtual replay of the first and barred the parties from introducing new evidence or legal theories.


"The judge cut back on the number of Samsung sales that are at issue, which argues for less money," Durie Tangri partner Mark Lemley, a Stanford law professor, wrote in an email. "But there is some reason to think that, believe it or not, the jury actually undercalculated the damages Apple was owed for infringement of its design patents. So the amount awarded could actually increase on remand."