Tuesday, 22 May, 2018

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

Apple and Samsung back in court over seven-year patent feud Design Patent Battle Revives Between Samsung and Apple
| 17 May, 2018, 06:54

Smartphone rivals Apple and Samsung returned to a federal courtroom this week to resume their long-running patent dispute.

Attorneys for Apple, however, said the jury should award some $1 billion to the iPhone maker based on overall sales of Samsung's devices. But, it seems like that Apple is targeting Google by means of Samsung by demanding $1 Billion amount from Samsung. Their sole job, Apple lawyer Bill Lee said, is to determine what damages Apple can collect.

A jury agreed in 2012 that Apple should be awarded $1.05 billion, but that figure was whittled down in subsequent retrials. 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.


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 two companies are contesting whether Apple's patents protect part of the iPhone or the whole of it, CNET reports. In its opinion, lower courts should not always consider that the end product is the "relevant article of manufacture" in patent infringement cases.

Kare continued to by saying "it's an organic, holistic design" which infringes upon Apple's patent. If the decision is in favor of Apple, Samsung will have no choice but to pay a hefty price for violating its patents. "The praise was not just for what it could do, but for how it looked, it's innovative design". "After looking into the historical meaning of the phrase 'article of manufacture, ' it's clear Congress didn't intend for someone to be able to patent a design for a screen and get the profits from the whole phone". The case is Apple Inc v Samsung Electronics Co, 11-cv-01846, US District Court, Northern District of California (San Jose). Apple originally sought $2.75 billion in damages. This verdict has resulted that Samsung needs to give $930 million to Apple. Apple isn't entitled to any profit from, say, the Internet browser, GPS, camera and phone functionality, according to Samsung expert witness Sam Lucente, a former VP of design at Hewlett-Packard.As for the GUI, "a single screen depicting 'a grid of 16 colorful icons on a black screen, ' as the Supreme Court put it, is not an entire smartphone or even a substantial part of one", Lucente states in written testimony.

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