Apple is set for a replay of a court fight against Samsung Electronics in which the iPhone maker may seek to recoup more than the $411 million in damages a judge cut from a $1.05 billion jury award in 2012 over patents.
Jury selection was under way Tuesday in San Jose, in a retrial over how much Samsung should pay for infringement of Apple's intellectual property. The original verdict in August 2012, which was the year's largest in the U.S. at the time, was found by a judge to be flawed because jurors miscalculated the period that the infringement occurred for some of the 28 Samsung devices on trial.
U.S. District Judge Lucy Koh will instruct jurors at the outset of the retrial that the previous nine-member jury found Samsung infringed five valid Apple patents and that their "sole job" is to determine the amount of damages Samsung must pay for the infringement of 13 Samsung products.
While Apple hasn't said how much it will seek, this jury's revision of the damages to properly account for the infringement may result in more than the $410.6 million subtracted from the previous award, according to Carl Howe, an analyst with Yankee Group.
"The argument at this point is simply about how much Samsung must pay Apple," Howe said. "In my view, there is no chance that the penalties assessed will be small; the argument is just over whether they will be big or huge."