Apple demands $1 billion from Samsung for patent infringement
17 May, 2018, 09:36 | Author: Enrique Watson
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?" After Samsung agreed that it will pay some of the damages, Apply made a decision to move the case to the U.S. Supreme Court in 2016. Apple thinks so, but on Tuesday, in a patent suit with hundreds of millions of dollars at stake, the company's lawyers faced off against a Samsung legal team that argued otherwise.
In late 2016, the US Supreme Court agreed with Samsung and ordered the two tech giants to negotiate a date for a retrial to settle the award money for Apple, the The Korea Herald report said.
Samsung made $3.3 billion in revenue and $1 billion in profit from millions of phones that infringed Apple's three design patents, Lee said. Lee argued that the iPhone's design is a major part of what made it a top seller, and that Samsung deliberately copied the black screen, rounded corners, bezels and application layout to boost sales.
But senior director of design at Apple Richard Howarth argues Samsung "blatantly ripped off" the iPhone's design with its early Galaxy phones. Expert Michael Wagner is expected to offer evidence of how much Apple spends on items such as screen glass to help calculate damages. "This is the article of manufacture", Quinn said of the components. The original jury in 2012 awarded $1.049 billion for infringement of Apple design and utility patents and for trade dress dilution.
Under the United States patent law, infringement of a design patent can result in a plaintiff receiving total profits made through the product.
Neither Apple nor Samsung gave remark when inquired.
Samsung attorneys, according to Bloomberg, argued this week that the damages should be paid based exclusively based on three "narrow" design patents - which would amount to $28 million. Those testimonies brought some insight into the iPhone design process and more. And she accepted that in the design patent illustrations, some elements of the phone drawn with dotted lines are not part of what Appleclaimed in the patent. 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.
After the latest retrial, Samsung, Apple and Intel are scheduled to stand together in the USA trade watchdog FTC's suit against Qualcomm for the latter's alleged attempt to charge its customers for patented technology that it did not actually use.
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