Cough up $1bn for using our iPhone designs — Apple to Samsung

17 May, 2018, 01:02 | Author: Marie Harrington
  • Apple and Samsung back in court over seven-year patent feud

The retrial before before US District Judge Lucy Koh in San Jose, California, isn't about whether the South Korean company infringed its rival's patents - jurors will be told Apple has won on that count. 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. Samsung has already shelled out $548 million, but it's the other $399 million that's being fought over. Seeing its market share dwindle and hoping to resurrect its flagging fortunes, Lee said, Samsung copied Apple's emphasis on design and watched as its sales soar once again.

But in 2012, Samsung lost the case and was ordered to pay more than $1 billion to Apple for infringing on three of the USA 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.

Towards the start of proceedings in 2012, a jury handed Apple $1.05bn in damages - but that sum was later taken down after a judge found errors in the jury's calcuatlions.

The trial is the latest in a long and ongoing dispute which Samsung estimates is worth around $28 million.

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The Supreme Court's ruling allows Samsung to argue that 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. In an earlier trial, Apple's analysis concluded that customers might pay as much as $100 more for a Samsung phone that included the patented features. Apple originally sought $2.75 billion in damages. Risch said. "Apple's going to say it wasn't until you put it into our shape that you made any money on it, so you have to look at it holistically", he said.

The latest trial kicked off in San Jose, Calif., after a judge previous year found the jury instructions in the original 2012 trial misstated the law and ordered a new trial.

Meanwhile, the patent trial which kicked off yesterday with jury selection was proved so hard to find unbiased jurors that choosing eight of them from the 74 candidates took an nearly whole day. "They are entitled to profits only on [infringing] components, not the entire phone". The design patents cover a black rectangular front face with rounded corners and a graphical user interface featuring a grid of 16 colorful icons.

Samsung has argued that consumers have other reasons to buy a phone other than its original design.

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