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Apple Wants $1 Billion From Samsung In Damages Retrial

17 May 2018

Apple's team is asking for more than $1 billion for Samsung's infringement on three design patents, the full profit Samsung earned from the sale of infringing phones, and another $5 million for the South Korea-based company's infringement of two utility patents.

According to a report by Bloomberg, the basic question for the jury now is should Samsung pay damages on the whole device or just the components that were infringed on?

Apple and Samsung have been at each other's throats over legal issues regarding patent infringements. The scope of Apple's design patents "are so very narrow" he said. The case was decided in Apple's favor in 2012 and it was awarded $1.05 billion in damages.

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Kare continued to by saying "it's an organic, holistic design" which infringes upon Apple's patent. 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. However, Apple may still be able to convince the jury that the devices would not have been marketable without the infringing designs and therefore the phones as a whole should be considered the relevant article.

Long gone into smartphone history some say it's now Apple who is copying Samsung technology in their iPhones. The first request followed an objection from Apple to Quinn's reference to slides showing pre-2010 phones. There's no doubt that Samsung will have to pay Apple something, but exactly how much it will pay remains anyone's guess.

Is a smartphone a unitary design or just a collection of patented tidbits?

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"I get that a display screen is a thing", an article of manufacture along with other components, Kare said. "They are entitled to profits only on [infringing] components, not the entire phone".

In December 2016, eight Supreme Court judges sided with its argument, and ruled that it was wrong that lower courts should always consider the "relevant article of manufacture" in such cases to be the final product sold to consumers.

The American tech giant's lawyer argued in court that though the design aspects in question only address the iPhone at a cosmetic level, they are still key features of the Apple brand. For its part, Samsung is seeking some $7 million in damages for the two patents it claims Apple infringed in order to send a message that software patents are worth significantly less than Apple is suggesting.

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Apple Wants $1 Billion From Samsung In Damages Retrial