apple-vs-samsungLast year, a jury found Samsung guilty of infringing on Apple’s ‘381 patent, which is the “rubber band” effect.  There were a total of 18 devices that were found to infringe upon the patent.

While legal matters were being taken care of in the court, Judge Koh urged both of the companies to come up with an out-of-court agreement.  The companies did however try to come up with an agreement without the need for legal proceedings, but proved to be failed attempts.

Now, according to a new report by CNET, Samsung filed for a new trial this past July, but Judge Koh has denied the motion to Samsung.  Judge Joh, however, has granted Samsung to proceed with a new trial to re-calculate the damages that it owes Apple.  Judge Koh has already reduced the damage Samsung owes to Apple by $450 million, from the original $1 billion.

Samsung also has been found guilty of the ‘381 patent in Japan, so it’s very highly unlikely that the company will be able to get away on this one.  Both companies have been gearing up to prepare for the damages calculation trial, which will take place this November.