The (literally) never ending battle between Apple and Samsung over the round corner patents for their smartphones – among other issues – will go back to the District Court for a retrial to reassess the final figure required to be paid by Samsung.

The three infringing patents are involving the iPhone 3Gs and i9000 Galaxy, which the Supreme Court decision decided in December 2016 that a judgment based on total profits was unfair. District Judge Lucy Koh, in an order signed Sunday, said Apple and Samsung have until October 25 to propose a date for the retrial, but offered the two companies could settle out of court.

“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,” Kuo wrote in the order.

The lawsuit was originally settled in 2012 when a court ordered Samsung to pat Apple more than $1 billion in damages for patent infringement, amongst other things. Over the subsequent years, this figure was siginificantly reduced and it stands today at $400 million. However, thanks to Samsung’s most recent win the figure will be reassessed in trial to decide on a final fair and reasonable figure.

The current judgement was made yesterday by Judge Lucy Koh of the United States District Court for the Northern District of California, with the ruling spotted and shared on patent blog Foss Patents. Apple and Samsung now have until October 25th to propose a date for the retrial, although Mueller suggests there is a 30 percent chance that the two companies will settle out-of-court instead. While there is still a lot of money on the table, both sides have proved their willingness to go to the mats on this issue (an important signal to send out to future would-be litigators). Not forgetting, Apple and Samsung are currently in a legal battle against Qualcomm in which they are both on the same side!