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Apple and Samsung are set to return to court in California in a case relating to the $1bn damage ruling handed out in August.
That decision was made by a jury and found for Apple against its arch-rival, in one of the most high-profile legal outcomes between the two firms to date.
Samsung immediately said it would appeal and the case will begin on Thursday, according to the Associated Press.
Apple, in turn, is hoping to add a further $500m to the ruling and ban more Samsung products from sale in the US, as it shows no signs of letting its case against the South Korean firm go cold.
Samsung is hoping to raise an issue of bias with one of the original jury members, claiming that jury foreman Velvin Hogan hid the fact his former employer, Seagate Technologies, had a filed a lawsuit against him.
This is potentially pertinent as Samsung is a large investor in Seagate.
"Mr. Hogan's failure to disclose the Seagate suit raises issues of bias that Samsung should have been allowed to explore," Samsung said in its October request for a new trial, the AP reported.
Apple said Samsung should have discovered this information before the original trial and filed its objections then.
Neither Apple or Samsung had responded to a request for information on the new trial when contacted.
The case in the US is one where Apple has so far found success, with similar cases against Samsung in the UK proving far less success, with a design case ending up with Apple being forced to take out adverts explaining the defeat to UK consumers.
Dan Worth is the news editor for V3 having first joined the site as a reporter in November 2009. He specialises in a raft of areas including fixed and mobile telecoms, data protection, social media and government IT. Before joining V3 Dan covered communications technology, data handling and resilience in the emergency services sector on the BAPCO Journal.