Lucy Koh, the judge who has been presiding over the case since it began in April 2011, has scheduled a five-day retrial between May 14 and May 18 of next year, according to court documents filed electronically on Wednesday.
Earlier this week, Koh 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 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.
The case progressed all the way to the Supreme Court, which recommended that the U.S. Court of Appeals reconsider the damages amount that Samsung owes. The trial has since returned to the U.S. District Court in Northern California where it began.
Apple’s statement about the case from last December:
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.
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, and now it may be adjusted again.