Apple and Samsung Will Bash Heads over Damages Again This November

Judge Lucy Koh re-awards the $40 million she'd previously cut

There is no love lost between Samsung and Apple anymore. The latter continues to hound the former over its creation of tablets and phones that supposedly copy its designs, while Samsung is doing all it can to give as good as it gets.

Unfortunately for Samsung, its prospects just soured again, as Judge Lucy Koh, overseeing the trial in San Jose, California, has re-awarded Apple the $40.5 million damages it cut back in March.

Apple originally won the first round against Samsung, to much outrage that eventually saw the jury foreman lambasted.

Subsequent attempts by Samsung to get the whole thing restarted failed, but the company did get the fine of almost $1 billion (€800 million) cut in half.

Now, though, Judge Koh has re-awarded Apple the sum, for infringement in connection with the AT&T variant of the Galaxy S II.

It turns out that, despite the S II having been called into question over being calculated using the incorrect time frame (Apple can only claim damages for sales after it alerted Samsung of the possible infringement), it did, in fact, start selling months after the notice in 2011.

Samsung tried to get the judge to hold off on the new damages trial, because the United States Patent Office tentatively invalidated the '381 bounce-back patent last year.

The argument was that, even if the patents haven't been tossed out yet, that they are under investigation should be enough to get it a respite.

Koh has admitted that Samsung can request a stay on damages related to the '381 or '915 patents, but only if the re-examination process ends before the November trial date.

Which brings us to the most relevant part: there is now a date for another big fight between Apple and Samsung: November 12, 2013. Much drama inbound, again.

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