Apple Inc.(NASDAQ:AAPL) and Samsung will face each one again in the San Jose courtroom on Thursday. The courtroom is the same place where they waged a patent infringement battle against each other and Apple got $1.05 billion as damages. The patents in question were related to similarities between the designs and on-screen icons on a number of Samsung cell phones and Apple's iPhone. The jury gave the verdict in favor of Apple, declaring that Samsung had indeed copied features of the iPhone into their own products.
Samsung has appealed to Judge Lucy Koh that the trial should begin afresh. Lawyers will naturally argue about the fact that jury foreman Velvin Hogan should have revealed that he had witnessed a lawsuit against tech company Seagate in 1993, during the jury selection process. Hogan defended himself by saying that he was clearly instructed to disclose cases over the last decade only.
Since Samsung owns just under 10 percent of Seagate after it sold its hard-disk drive division to the company last year for $1.4 billion, they claim that Hogan’s withholding the information about the Seagate case raises issues of bias that Samsung should have been allowed to explore during the questioning.
Apple has recently entered into a patent licensing deal with HTC and they have to reveal the patents coming under that agreement, in court. Many are expecting Apple to make a demand for damages to be increased to the original amount they were asking for- $2.75 billion. But the judge can multiply the current damages amount thrice as the jury has found the infringement by Samsung to be “willful”.
Koh might choose to ban certain products of Samsung too, which are in violation of certain Apple patents. Previously, Koh has set rigid rules on the post trial motions and supporting documents that each side could file, which the lawyers hadn’t taken note of. They submitted bulky documents, as a result of which, Koh declared the court will strike from the record all of the material submitted in violation of the Court's Order. Lawyers from both sides have time till Friday to re-submit documents.