Apple and Samsung are headed back to court again for a damages retrial in their never ending patent infringement battle, reports CNET.The two companies have been ordered to appear in district court by Judge Lucy Koh following a Supreme Court ruling that said damages for design patent infringement can be based only on the part of the device that was infringing, not necessarily the entire product. Apple was previously awarded $399 million in damages for Samsung's infringement of its patents.
"The Court finds that the jury instructions given at trial did not accurately reflect the law and that the instructions prejudiced Samsung by precluding the jury from considering whether the relevant article of manufacture ... was something other than the entire phone," Koh wrote in the order.
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