Apple, Samsung headed back to trial over iPhone damages

Patent wars continued: Judge Lucy Koh is giving Apple and Samsung until October 25 to propose a date for the retrial.

Video: Qualcomm-Apple will likely be settled out of court

Apple and Samsung are headed back to court, for a retrial to determine how much Samsung owes Apple for infringing three patents involving the iPhone 3Gs and i9000 Galaxy S.

The US Supreme Court decided in December 2016 that a previous judgement against Samsung was unfair. It sent the case back to federal district court to define "article of manufacture." Damages for design patent infringement can be based only on the part of the device that infringed the patents, not necessarily on the entire product.

Judge Lucy Koh, in an order signed Sunday, said Apple and Samsung have until October 25 to propose a date for the retrial, but offered the two companies could settle out of court. If Kuo's name sounds familiar, she's a judge that has been involved with Apple and Samsung since the first trial in 2012.

"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 ... was something other than the entire phone," Kuo wrote in the order found by CNET.

Samsung was originally ordered to pay Apple more than $1 billion in 2012. The South Korea-based electronics company has brought damages down to $400 million, a figure likely to go lower as it fights in court to pay damages for a portion of device sales, rather than the entire amount.

Apple and Samsung didn't immediately respond to requests for comment.

The patent wars in the mobile space have heated up. While the two have had drama in the past, Apple and Samsung have teamed together in a global pursuit against Qualcomm.

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