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16 May 2018, 11:47 | Dale Webster
Design Patent Battle Revives Between Samsung and Apple
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.
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.
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