Published: Thu, May 17, 2018
Science | By

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

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

CLEARLY BORED of doing minor updates to its product portfolio, Apple has made a decision to renew its patent spat with Samsung.

The lawsuit will be about what damages Apple can extract from sales of Samsung smartphones.

During the earlier trial, Apple lawyer Seth Waxman argued that the design patent referred to "the thing to which the design is applied", meaning the entire smartphone.

In its latest trial, Apple has the burden of proof to prove that Samsung should pay the full $1 billion in damages. Samsung isn't arguing that it didn't infringe on Apple's patents, but it is asking for a much smaller penalty: $28 million.

This case will continue for months to come and the tech industry will certainly be watching closely to see what the court rules in this case that's going to set a big precedent for an industry where patent violation cases are a dime a dozen.

The case not only will determine how much Samsung has to pay but how much countless other technology companies in the future might also have to worry about patents. Samsung might have to pay for the whole device or for the infringed components.


Samsung attorney John Quinn held up components to the jury, emphasizing that each was its own article of manufacture and that there are "hundreds of articles of manufacture inside a phone". Apple originally sought $2.75 billion in damages. The design patents that Samsung infringed concern the physical shape that would become the iPhone, the bezel, and the colorful grid of icons.

The U.S. Supreme Court, which took up the Apple-Samsung patent fight in 2016 after a series of appeals, ruled on a narrow aspect of the case by finding juries and judges can look at discrete articles of manufacture, or components of a product, when assessing damages.

Jurors at the retrial before US District Judge Lucy Koh in San Jose, California, learned at the outset that the South Korean company infringed three of Apple's design patents and two utility patents.

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.

Samsung has not sold the phones in question in more than five years, said the the USA Today report, adding that the latest trial is expected to last about five days. 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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