Apple and Samsung back in court over seven-year patent feud

Apple and Samsung back in court over seven-year patent feud

He said that Samsung should only be required to pay for profits earned due to the part of the phone that infringed Apple patents.

Apple, on the other hand, asserts the article of manufacture is the entire phone.

This position stems from a Supreme Court ruling in 2016 that was favorable to Samsung and is central to how damages are calculated in infringement cases involving design patents.

Apple wants Samsung to pay the full damage amount of $1 billion.

Under the United States patent law, infringement of a design patent can result in a plaintiff receiving total profits made through the product.

The case is Apple v. Samsung Electronics Co., 11-cv-01846, US District Court, Northern District of California (San Jose). 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".

Samsung will argue Apple is only entitled to profits for "selling something of that shape, and not for the profits for selling the functionality that goes inside the shape", Risch said.

Samsung lost the case in 2012.

The two companies are contesting whether Apple's patents protect part of the iPhone or the whole of it, CNET reports.

Apple attorney Bill Lee stressed to jurors the importance of design to Apple, which "puts design before everything else".

The trial is the latest in a long and ongoing dispute which Samsung estimates is worth around $28 million.

Samsung's pre-iPhone devices had keypads and smaller screens, while later models are screen-focused with app icons and no keypad. Samsung is now urging the jury to minimize the demanded damage recovery sum as much as possible.

Apple and Samsung's 7-year showdown over patents the latter infringed on has begun its latest chapter with a retrial taking place in a California court house.

The eight-year-old suit has reached the damages phase and representatives from the two tech giants have been in court this week making their case to jurors over the final value Samsung should pay. Since then, both the companies have been accusing each other of copying designing features.

Apple asserts that its the entire phone, while Samsung says the definition could be restricted to components. But, according to Samsung, that should not cover the entire profit.



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