Apple Wants $1B From Samsung Over iPhone Design Patent Infringement

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

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

Smartphone rivals Samsung and Apple have been locked in a vicious court battle over allegedly stolen patents.

Finally, in the final round of the long-going Samsung patent fight, Apple has demanded a total of $1 Billion from Samsung for patent infringement at smartphone retrial.

Quinn parried those accusations, saying Samsung's sales soared not due to iPhone's "minor design elements" but because the company employed the Google Android operating systems on its phones and struck more favorable deals with cellphone carriers.

Koh of the Northern District of California provided instructions to the jury - jury selection went until 5 p.m. Monday - Wilmer Cutler Pickering Hale & Dorr partner William Lee, who represents Apple Inc., kicked off arguments. Samsung argues, however, that it should pay up just $28 million.

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's legal team is arguing that, while the three patent violations that the South Korean company might have been cosmetic in nature, they are a huge reason for why the iPhone sells so well.

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The fourth episode of this case revolves around clarifying the definition of 'article of manufacture', that is whether the contents of the patents apply to the whole phone.

Samsung was ordered to pay over a billion dollars to Apple, but that amount was later lowered to roughly $340 million.

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. Expert Michael Wagner is expected to offer evidence of how much Apple spends on items such as screen glass to help calculate damages. A new jury will make that decision for three such design patents, including one covering the rectangular shape, rounded corners and black glass of the iPhone's front face.

Samsung's lawyers appealed the case, bringing down the compensation of $1 billion to $400 million in 2015 at the US Court of Appeals for the Federal Circuit. Whereas Samsung is fighting that it should give a lesser value for a portion of the iPhone's value.

They are called "enlisted plans" in Europe and most parts of the world, however "outline patents" in the US. Susan Kare, a GUI designer who was part of Apple's Macintosh design team and has since worked for Microsoft and IBM, will testify that the iPhone GUI can not be separated conceptually from the phone.

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