Published: Thu, May 17, 2018
Sci-tech | By Carrie Guzman

Apple wants Samsung to cough up $1bn in patent damages from 2012

Apple wants Samsung to cough up $1bn in patent damages from 2012

Two of the world's biggest smartphone makers - Samsung and Apple - have resumed a seven-year-old patent infringement dispute in the US. The devices over which it was sued are no longer on sale and yet the case has dragged on since then but lawsuits and countersuits being filed by both companies.

Samsung lost the case in 2012.

"Design is what ties it all together", Lee said in US Northern California District Court in San Jose, California.

It was ordered to pay the USA tech giant more than $1 billion for infringing on three of Apple's design patents related to mobile devices - the quick links to phone numbers, the slide-to-unlock feature and the auto-correct function.

In opening statements in a California federal damages trial, an eight-member jury was told by Apple lawyers that Samsung owes it more than $1 billion. On the other hand, Samsung only wants to provide a mere $28 million in reimbursements.

Samsung had objected to the size of the design patent portion of the existing penalty, which had been determined by how much profit it had made from selling the handsets.

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The trial first erupted in 2011, just a year after Apple released the original iPhone 4.

The latest trial kicked off in San Jose, Calif., after a judge a year ago found the jury instructions in the original 2012 trial misstated the law and ordered a new trial. Koh has forbidden that argument on the ground that Samsung didn't raise it in the previous trial or on appeal. The design patents cover a black rectangular front face with rounded corners and a graphical user interface featuring a grid of 16 colorful icons. The Patent Act awards all profits from sales of any "article of manufacture" that infringes a patented design. While Apple says that it constitutes the entire phone, Samsung disagrees, asserting that it could be applied specifically to separate components within a phone. This verdict has resulted that Samsung needs to give $930 million to Apple.

The reconsideration comes from Samsung's objection that the original calculations included total profits from the infringing phones.

"The only way Apple can come up with $1bn in damages is by saying the article of manufacture applies to the whole phone", Quinn said.

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".

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