Apple's over six year old legal battle with Samsung for copying the iPhone's design is headed back to court yet again.
U.S. District Court Judge Lucy Koh on Sunday ordered that a new trial is required to determine whether Apple's $399 million award for Samsung's design patent infringement should stand or whether a new damages trial is required.
Apple and Samsung have until Wednesday to propose a retrial date, according to intellectual property analyst Florian Mueller, but he believes there is about a 30 percent chance the two parties could settle out of court before then.
The lawsuit dates back to 2011, when Apple successfully sued Samsung for infringing upon the iPhone's patented design, including its rectangular front face with rounded edges and grid of colorful icons on a black screen.
Apple's damages were awarded based on Samsung's entire profit from the sale of its infringing smartphones, but Samsung argued that the amount should be a percentage based on individual components like the front bezel or display.
Last December, the U.S. Supreme Court recommended that the U.S. Court of Appeals reconsider the damages amount that Samsung owes.
Apple's statement at the time:
The question before the Supreme Court was how to calculate the amount Samsung should pay for their copying. Our case has always been about Samsung's blatant copying of our ideas, and that was never in dispute. We will continue to protect the years of hard work that has made iPhone the world's most innovative and beloved product. We remain optimistic that the lower courts will again send a powerful signal that stealing isn't right.
Calvin Klein, Dieter Rams, and over 100 other top designers backed Apple last year, arguing the iPhone maker is entitled to all profits Samsung has earned from infringing designs. They cited a 1949 study stating that more than 99 percent of Americans could identify a bottle of Coca-Cola by shape alone.
Apple was initially awarded nearly $1 billion in damages, but a significant part of the decision was reversed in 2015, leaving Samsung owing $548 million. The amount was eventually lowered to $399 million in subsequent retrials.
