Apple Wants $1 Billion From Samsung at Smartphone Retrial
Apple Wants $1 Billion From Samsung at Smartphone Retrial
Apple and Samsung back in court over seven-year patent feud
17 May, 2018, 01:04
Apple and Samsung are confronting each other in a California court for a third trial including a similar arrangement of five patents. The case is Apple Inc v Samsung Electronics Co, 11-cv-01846, US District Court, Northern District of California (San Jose). Naturally, Apple is arguing the former, while Samsung reckons it should be the latter.
Apple attorney Bill Lee stressed to jurors the importance of design to Apple, which "puts design before everything else".
The 2012 case resulted in a jury ordering Samsung to pay more than $1 billion in damages to Apple for infringing on patents for the iPhone. The jury is considering all the facts and thinking about what amount Samsung should pay for all the damages that it has caused to Apple.
While Apple has been seeking the full profits attributable to the sales of the infringed phones, Samsung has been arguing for smaller penalties directly related to the value of features impacted by the patents. The dispute at hand concerns just how much money Samsung has to hand over to Apple.
It's been eight years since the original iPhone was first released, but Apple still regards the device as one of the biggest risks it has ever taken - enough that it could have cost the whole company. Expert Michael Wagner is expected to offer evidence of how much Apple spends on items such as screen glass to help calculate damages.
A 2016 Supreme Court decision (8-0, with the decision written by Justice Sonia Sotomayor) said that the damages could be decided either way-the entire phone or a portion of it-and sent the case back to federal court for a jury to decide. It shouldn't have to pay for the other parts since Apple's patents don't cover the whole phone.
Under the USA patent law, infringement of a design patent can result in a plaintiff receiving total profits made through the product.
Samsung then appealed the lower court's ruling to the Supreme Court, attempting to limit the compensation to profits attributable to a specific component patent in question.
Motorola appears to be working on a foldable smartphone that turns into a tablet, along with the likes of the Samsung Galaxy X, Apple foldable iPhone and Huawei foldable phone. It "does not exist apart from, and can not be separated from, the infringing Samsung phones."Koh will let Kare and other Apple experts cite evidence from the first trial of Samsung's deliberate copying of the iPhone design".
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