Apple v. Samsung case sent back to lower courts to determine if damages retrial is neccessary

By , Feb 8, 2017

The seemingly never-ending legal battle between Apple and Samsung went back to its roots as a federal appeals court said Tuesday that it was up to a district court to decide if there should be a damages retrial. According to CNET, the case will return to the San Jose, California court where the trials in the long-running patent dispute originally took place.

It is now up to that court to determined whether to hold another damages retrial or what other recourse to take.

From the ruling:

Both parties filed statements urging us to take different actions. While Apple requests continued panel review, Samsung requests that we remand to the district court for a new trial on damages.

For the reasons explained below, we adopt neither suggested course of action. Instead, we remand this case to the district court for further proceedings, which may or may not include a new damages trial.

Apple refused to provide comment.

“We look forward to making our case at the district court and prevailing on behalf of all those who promote creativity, innovation and fair competition in the marketplace,” Samsung said in a statement to CNET.

Apple previously asked for the appeals court to uphold the earlier damages ruling, but Samsung fought to send the case back to district court for a new damages trial. Instead, the federal circuit said it will be up to the district court to decide if a new trial is needed.

Comic courtesy Joy of Tech.

Source: CNET

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  • burge

    What ever happens one of the will be trying to get some some sort of retail that’s in there favour.

  • Rowan09

    Wealthy people problem.

  • Apple is never going to see that check. Samsung is never going to pay and they shouldn’t. Apple didn’t invent rounded corners.