Responding to Samsung’s complaints, she ruled in March that the jury had made such a hash of some of the damages calculations that they couldn’t be sorted out without a new trial.
That trial is scheduled to begin on Tuesday.
Many experts believe the new jury will come up with an award smaller than the original $400 million. But it could, in theory, go the other way. (Pending appeal, Samsung is still on the hook for the rest of the $1.05 billion award — roughly $600 million — that’s not part of this trial.)
One of the problems in the first trial was that the damages form the jury had to fill out was a 20-page legal and mathematical labyrinth. In the new trial, according to FOSS Patents‘ Florian Mueller, Samsung’s lawyers were pushing for a jury form nearly as complicated:
Apple’s legal team, however, had learned its lesson. It proposed the attached one-page form, which Judge Koh on Monday agreed to use.
It was one of a series of pre-trial motions that have gone Apple’s way.
“Samsung,” Mueller wrote Tuesday, “has been unsuccessful so far with its attempts to muddy the water for the new jury.”
A third trial, covering some of the products Samsung has introduced in the two and a half years since Apple filed its original suit — including the Galaxy S3 (but not the S4) — is scheduled to begin in March 2014.