A $1 billion patent dispute between Apple Inc. and Samsung Electronics Corp. will head back to the court room on Dec. 7 when again both companies will argue over who owns the rights to "vital technology" according to the Associated Press.
Samsung is attempting to overturn a ruling that determined the Korean company stole Apple's designs for certainiPhone and iPad devices. The jury ruled in August that Samsung had to pay Apple $1 billion after determining that over two dozen Samsung devices contained Apple technology.
Apple is also looking for more than $500 million claiming that older Samsung products used Apple technology in the U.S. as well.
"The Court will consider the questions of whether the jury foreperson concealed information during voir dire, whether any concealed information was material, and whether any concealment constituted misconduct," said Judge Lucy Koh last month.
The case is scheduled to take place in San Jose, where Samsung's lawyers will look to prove that the jury committed misconduct at the Aug. 24 case. The case will most likely wind up in Washington, D.C. where the Federal Circuit Court of Appeals decides patent disputes.
Friday's hearing will most likely determine where the case heads next according to the press release. The winner of the case could also determine the way other patent lawsuits will go in the U.S.
Samsung has been arguing for over a year that Apple has used some of its own patents and that even if they did use Apple technology, they shouldn't have to award Apple any money due to calculation errors by the jury.
"Samsung is hoping to set aside the verdict entirely, accusing the jury foreman of lying to get on the jury," said Edward Naughton, a patent attorney who is following the case closely to the Associated Press. "This argument isn't likely to succeed, but Samsung may convince the court to whittle down the jury verdict a bit."
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