profishingrods.com
profishingrods.com October 19, 2018


Apple-Samsung Damages Redux Kicks off in Silicon Valley

16 May 2018, 11:47 | Dale Webster

Design Patent Battle Revives Between Samsung and Apple

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

In the latest trial, Apple has the burden of proof to prove that Samsung should pay the full $1 billion in damages. The jury will have to decide if the Supreme Court's caveat applies to the current case, or if Apple's characterization of the matter is more correct. The retrial before before US District Judge Lucy Koh in San Jose, California, isn't about whether the South Korean company infringed its rival's patents - jurors will be told Apple has won on that count.

While the design patents are the main event, the jury will also award damages for Samsung's infringement of two utility patents related to manipulating documents on a touch screen. In an earlier trial, Apple's analysis concluded that customers might pay as much as $100 more for a Samsung phone that included the patented features.

Apple asserts that its the entire phone, while Samsung says the definition could be restricted to components.

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




Experts believe that the outcome of this retrial that was scheduled for 14 May could set a benchmark on how much value a component design holds in an innovative product, thereby leaving a broad impact on intellectual property law. In its opinion, lower courts should not always consider that the end product is the "relevant article of manufacture" in patent infringement cases.

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

"They're seeking profits on the entire phone", Samsung lawyer John Quinn apparently argued. This verdict has resulted that Samsung needs to give $930 million to Apple. Apple lawyer Bill Lee said in court that Samsung profited to the tune of $1 billion just by violating Apple's design patents. "It is one, very specific ornamental design."Samsung also wanted to argue that no damages should be awarded for about 1 million of the phones in question because they're cased in white plastic, rather than black".

Previously Samsung was found guilty of infringing three design patents. especially the front and rear look of the original iPhone's body. But she's blocked Apple's argument that the phones should be viewed from the perspective of a "designer of ordinary skill in the art", saying there's no basis for importing the "person of ordinary skill in the art" to the design context.



Other News

Trending Now

Gina Haspel wins approval from Senate Intel Committee
President Trump nominated Haspel to the post, and her confirmation process has been under intense scrutiny. Trump himself has said the country should consider resuming the use of harsh interrogation techniques.

Stephen Piscotty Homers in First At-Bat Since Returning From Bereavement List
Andrew Benintendi homered for Boston and Mitch Moreland finished with a pair of doubles for the Red Sox. He placed his right hand over his chest as he rounded third base and trotted home.

Senate to Vote on Repealing Changes to Net Neutrality Rules
The US Senate on Wednesday voted narrowly in favour of reinstating the Federal Communications Commission's net-neutrality rules. Of course, after its passage, this Resolution of Disapproval heads to the House of Representatives.

Sherpa sets new record for Mt Everest ascent
Before leaving for the mountain last month, Kami Rita told The Associated Press that he wanted to scale Everest at least 25 times. Summits are underway every day since May 13 after the eight rope-fixing team members opened the climbing route for all climbers.

Having designs on mental health
The Harbor Bridge lights will be lit green, from May 15 until May 18, in observance of Mental Health Awareness Month. She said helping someone who may have a mental health issue is as simple as have a conversation.

18 dead, many feared trapped in Varanasi flyover collapse
Modi spoke to Adityanath and directed him to ensure that affected people are given all possible assistance. Varanasi , in northern India, is the parliamentary constituency of Narendra Modi , the prime minister.

New Featurette Goes Inside The Making Of 'Solo: A Star Wars Story'
The other strike against the film is that for a not insignificant amount of its running time, the visuals are surprisingly bad. Of course, the effects are something we have come to expect from the Star Wars saga and Solo has much to offer in that regard.

Pope Francis condemns Gaza killings, says Mideast needs justice, peace
Ending a series of audience talks about baptism, Francis talked about the meaning of the white garment and the lit candle the newly baptized are given during the baptismal rite.

College men's golf: Saints delayed at NCAA championship
You look at Texas and NC State and some others, and they have guys who have shot 64 and 65, and we haven't had that yet. Junior Corey Carlson shot a 1-under 71 on Tuesday, which included going 2-under over his final eight holes.

First day of 9th round of Astana talks completed
On Friday, Syrian state media and The Syrian Observatory for Human Rights war monitor both said that the last rebel groups had exited towns close to the capital.