Thursday, 18 October, 2018

Apple Wants $1 Billion From Samsung at Smartphone Retrial

Apple and Samsung back in court over seven-year patent feud Design Patent Battle Revives Between Samsung and Apple
Frank Williams | 16 May, 2018, 23:44

The jury will have to decide if the Supreme Court's caveat applies to the current case, or if Apple's characterization of the matter is more correct.

But in 2012, Samsung lost the case and was ordered to pay more than $1 billion to Apple for infringing on three of the United States tech behemoth's design patents related to mobile devices: the quick links to phone numbers, the slide-to-unlock feature and the auto-correct function.

3D-printed Samsung and Apple logos.

It must be noted that Jurors will have to stick to the previous judgment that Samsung copied three design patents concerning the look of the original iPhone, and two utility patents involving its pinch-to-zoom feature and bounce-back scrolling effect.

After a round of appeals, Koh lopped $405 million off the jury's original damages award, ordering Samsung to pay up to the tune of $548 million.

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"They're seeking profits on the entire phone", he said.

The conundrum for jurors: Are damages based on "the whole phone, kit and caboodle, or just the shell of the phone - into which Samsung put a bunch of stuff that's unrelated to the patent?" The final ruling from this retrial is set to draw a milestone on how much value a component design holds in an innovative product.

Without mentioning the Supreme Court's ruling explicitly, Samsung lawyer John Quinn emphasized the room the decision affords the company to argue damages should be based on the profits it made off the specific components that were found to infringe Apple patents - rather than the entire device. While Apple says that it constitutes the entire phone, Samsung disagrees, asserting that it could be applied specifically to separate components within a phone. The glass is easily separated from the phone and doesn't cost much, Samsung has argued.

Tech giants Apple and Samsung are back in court today over their long-running patent feud. For Samsung, this is good news because it could mean an even lower award than the $400 million. This verdict has resulted that Samsung needs to give $930 million to Apple.

Apple has described how the iPhone and overall product design became embedded in the company's DNA. According to the latest reports, Apple is targeting Google's Android Mobile OS Feature by demanding $1 Billion from Samsung for blatantly copying its designing features. But she's blocked Apple's argument that the phones should be viewed from the perspective of a "designer of ordinary skill in the art", saying there's no basis for importing the "person of ordinary skill in the art" to the design context.

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