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Can the new trial find no infringement? | 246 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Can the new trial find no infringement?
Authored by: Anonymous on Monday, March 04 2013 @ 10:18 AM EST
There is a big difference between a trial on liability and
damages, and a trial on just damages. Moreover, this is only
on a subset of the damages claim. Kind of a mini-mini-trial.
For more information, look into bifurcated trials.

That said, this will also doubtlessly be part of Apple's
appeal. Don't get me wrong- this is a victory for Samsung,
albeit not as full of a victory as the OP indicates in real
terms (a remittitur from 1 billion to 600 million is
awesome; a remittitur from 1 billion to 600 million + an
amount to be determined by another jury is less awesome*,
but still good).

The long and the short of it, of course, is that most of
this is of mild interest at most until the appellate ruling;
although this will affect the amount of the supersedeas bond
(I believe). The possibility of a remand for a new trial is
still vanishingly small, but possible. For an example of
that occurring, see the smackdown the 9th Cir. put on the
Barbie/Bratz litigation. Hope springs eternal!


*Which will, of course, entail attorneys' fees! Death,
taxes, attorneys' fees?

[ Reply to This | Parent | # ]

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