The prolonged Apple-Samsung battle deluxe returns this week as the jury trial before the New York court of Judge Lucy Koh resumed on Tuesday. The new trial would tackle the monetary compensation for the patent technology question on charged by Apple that Samsung copied its iPhone and iPad technology.

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A new trial became necessary after Ms Koh cut the initial $1 billion plus awarded to Apple by about $450 million. She reduced the jury award because of wrong calculation on the damage on damage on 13 out of more than 24 Samsung gadgets that had breached patent and trademark protections.

She affirmed the remaining $598.90 million award in her March decision but ordered a new trial to restudy some of the allegations of patent breach.

Ms Koh allowed the jury to pause for the Thanksgiving holiday from Nov 27 to Dec 1 and begin hearing again on Dec 2 if the lawsuit would drag on.

Legal experts see in the retrial a possible landmark decision on how to treat smartphone and table innovations found in new gadgets sold by tech firms and could trigger appeals.

Santa Clara University law professor Brian Love said, quoted by Mercury News, "The retrial sets precedent for the next case ... and the next and the next if the two parties continue to litigate over newer and newer products."

Apple lawyer Harold McElhinny, in last week's hearing, insisted that the focus of the retrial should be "showing how much Apple lost from the sales of the 13 Samsung devices. Apple argues that consumers would have bought iPhones and iPads if Samsung had not been selling devices it considers copies."

Outside the courtroom, it appears that Samsung and other Android-run

devices continue to dominate the smartphone market, accounting for 81 per cent market share, while that of iPhone continues to shrink.

Is it a case of poetic justice?

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